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Ten years of criminal liability of legal entities in the Czech Republic

Publication at Faculty of Law |
2021

Abstract

The publication is a compilation of 21 contributions created on the occasion of the now traditional conference organised by the Union of Defence Attorneys of the Czech Republic, this time in cooperation with the Faculty of Law of Masaryk University in Brno. Due to the date of the conference, the criminal liability of legal entities, particularly the tenth anniversary of its introduction into the Czech legal order, became a grateful topic, bringing a space to review and make considerations for the future.

The wide range of various remarkable topics provides the reader with a comprehensive overview of the evolution of the legal regulation and its weaknesses, benefits and shortcomings of the application practice, as well as a comparison with chosen findings from other countries. The authors' attention is focused on several conceptual questions (including the very concept of a criminal offence committed by a legal entity), selected institutes of substantive criminal law in the context of criminal liability of a legal entity (e. g. stages of commission of a criminal offence), and the specifics associated solely with legal entities (e. g. the transfer of criminal liability of a legal entity to its legal successor).

Sanctioning of legal entities is subjected to a thorough analysis in the publication - in addition to critical comments on its current state, the authors offer numerous suggestions for expanding the existing catalogue of sanctions imposed upon legal entities. The procedural aspects (the restriction of the legal entity's right to defence, the guardianship of the accused legal entity) and the cross-sectoral context (the relationship between proceedings for criminal and administrative offences of a legal entity) are not omitted by the contributors either.

The book will therefore find its readers among academics and law practitioners devoting themselves (not only) to criminal law, law students, and other representatives of both professional and lay public.