2008-10-27
I BASIC PROVISIONS
Subject of the Law
Article 1
This Law shall regulate conditions governing the liability of legal entities for criminal offences, penal sanctions that may be imposed on legal entities as well as procedural rules when ruling on the liability of legal entities, on imposing penal sanctions, passing a decision on rehabilitation, termination of security measures or legal consequences of the conviction, and on enforcement of court decisions.
Criminal Offences That Legal Entities Are Liable For
Article 2
A legal entity may be liable for criminal offences constituted under a special part of the Criminal Code and under other laws if the conditions governing the liability of legal entities provided for by this Law are satisfied.
Exclusion and Limitation of Liability
Article 3
The Republic of Serbia (hereinafter: the Republic), the autonomous province and the local-self government unit, that is, government authorities and authorities of the autonomous province and localself government unit can not be liable for criminal offences. Other legal entities vested with public powers by virtue of law can not be liable for criminal offences committed when exercising such public powers.
Conditions Governing Application of the Law
Article 4
This Law shall be applicable to national and foreign legal persons held accountable for a criminal offence committed in the territory of the Republic.
This Law shall be applicable to foreign legal entities held accountable for criminal offences committed abroad to the detriment of the Republic, nationals thereof or national legal persons.
This Law shall be applicable to national legal entities held accountable for criminal offences committed abroad.
In cases referred to in paragraphs 2 and 3 of this Article, this Law shall not apply if special conditions governing criminal prosecution referred to in Article 10, paragraph 1 of the Criminal Code are fulfilled.
Meaning of Terms
Article 5
Certain terms used in this Law shall have the meaning as follows:
1) A legal person is a national or a foreign entity considered as a legal person under positive legislation of the Republic.
2) A liable person is a natural person legally or de facto entrusted with certain duties within a legal entity, as well as a person authorised, that is, a person who may reasonably be considered as authorised to act on behalf of a legal entity.
