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Liability of juristic persons for an offence under public law

Publication at Faculty of Law |
2018

Abstract

The twelfth chapter first describes the development of administrative legal liability of juristic persons, which can be traced back to the legislation preceding the onset of the Communist regime. Based on historical comparison, the author shows the fundamental change introduced by Act No. 250/2016 Coll., on liability for infractions and proceedings concerning infractions (effective from 1 July 2017).

This piece of legislation, which is under scrutiny in the second part of the chapter, unified the regulation of administrative punishment; however, juristic persons exhibit significant specificities within this framework. The Act stipulated how unlawful conduct of natural persons (or consequences of such conduct) could be imputed to a juristic person.

Since liability is conceived as no-fault liability, it is necessary to deal with issues related to exoneration (as the new codification rejected absolute (strict) liability). A crucial aspect from the viewpoint of administrative punishment of juristic persons is the prohibition of double punishment for the same act.

The final part of the chapter deals extensively with this issue.