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Again on the extent of criminalization of acts of legal entities

Publication at Faculty of Law |
2017

Abstract

The article analyses the sixth amendment to Act No. 418/2011 Sb., on Criminal Liability of Legal Entities and Proceedings against Them, trough Act No. 183/2016 Sb. The amendment became effective on 1 December 2016.

The author discusses a change in § 7 of the cited Act stipulating the extend of criminalization of acts of legal entities. In essence, the amendment has introduced general liability of legal entities for crimes with the exeption of a few specified cases.

The content of article is criticism of the adopted legislation, in particular lack of concept, because the legislature has omitted other, equally or more important problems of criminal liability of legal entities and their sanctioning. Broad possibility to prosecute legal entities for a variety of crimes, some of which had been excluded so far, and little experience of investigative, prosecuting and adjudicating bodies with prosecution of legal entities place high demands on aplication practice authorities to evaluate whether at all and in what cases it is desirable and appropriate to prosecute legal persons with regard to the principle of subsidiarity of criminal repression.