Database of Legislation

Corruption
     Chapter III
     Article 20

    UNTOC Articles

    • Organized Crime Convention

    • Article 10: Liability of legal persons
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      UNCAC article

      • Article 26. Liability of legal persons - Paragraphs 1 and 2 of article 26
       

      Original Text

      Article 20. Criminal Liability of a Legal Entity

      1. A legal entity shall be held liable solely for the criminal acts the commission whereof is subject to liability of a legal entity as provided for in the Special Part of this Code.

      2. A legal entity shall be held liable for the criminal acts committed by a natural person solely where a criminal act was committed for the benefit or in the interests of the legal entity by a natural person acting independently or on behalf of the legal entity, provided that he, while occupying an executive position in the legal entity, was entitled:

      1) to represent the legal entity, or

      2) to take decisions on behalf of the legal entity, or

      3) to control activities of the legal entity.

      3. A legal entity may be held liable for criminal acts also where they have been committed by an employee or authorised representative of the legal entity as a result of insufficient supervision or control by the person indicated in paragraph 2 of this Article.

      4. Criminal liability of a legal entity shall not release from criminal liability a natural person who has committed, organised, instigated or assisted in commission of the criminal act.

      5. The State, a municipality, a state and municipal institution and agency as well as international public organisation shall not be held liable under this Code.

       
       

      Cross-Cutting Issues

      • Liability

        • Liability of Legal Persons

          • • Criminal
            • Civil
            • Administrative
            • Sanctions against legal persons