Criticism of the Attorney's General Office new methodology on criminal liability of legal entities and reversed burden of proof
2018
Abstract
The article is a reaction to the methodology on the application of § 8 para. 5 of the law on criminal liability of legal persons; the methodology was published the Attorney's eneral Office in August this year. The author carefully analyses and criticizes the conclusion long feared by part of the legal public, i.e., that a prosecuted legal entity is burdened with the burden of proof as regards its men's rea.
Under the current regulation, one definitely cannot agree with such interpretation, which is also apparent from the arguments used in the methodology, which are manifestly erroneous in terms of the rules of substantive and procedural law.