立法数据库

腐败
     Chapter III
     Article 20

    UNTOC 文献

    • 有组织犯罪公约

    • 第10: 条 法人责任
    • 贩运人口议定书

    • 偷运移民议定书

    • 枪支议定书

       

      联合国反腐败公约条款

      • 第二十六条 . 法人责任 - 第二十六条第一及二款
       

      原始案文

      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.

       
       

      交叉问题

      • 责任

        • 法人的责任

          • • 刑事的
            • 民事的
            • 行政的
            • 对法人的制裁