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New guideline for state prosecutors on criminal liability of legal entities

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The amendment to the Act on Criminal Liability of Legal Entities that came into force on 1 December 2016 contains a new defence for legal entities. Under the amendment a legal entity will be excluded from criminal liability provided it can prove it has "undertaken all the effort that can be reasonably required" to prevent a crime from being committed and the crime was committed by a governing body, an executive of a legal entity or an employee while exercising his/her tasks.

On 29 November 2016 the Supreme State Prosecutor Office made its guideline for advising state prosecutors on how to approach this new defence available to the public.