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Section 27. Penalties for enterprises

When a penal provision is violated by a person who has acted on behalf of an enterprise, the enterprise is liable to punishment. This applies even if no single person meets the culpability or the accountability requirement, see section 20.

«Enterprise» means a company, co-operative society, association or other organisation, sole proprietorship, foundation, estate or public body.

The penalty is a fine. The enterprise may also be sentenced to lose the right to operate, or may be prohibited from operating in certain forms, see section 56, and be subject to confiscation, see chapter 13.

Section 28. Factors in determining whether a penalty shall be imposed on an enterprise

In determining whether an enterprise shall be penalised pursuant to section 27, and in assessing the penalty, considerations shall include

a) the preventive effect of the penalty,

b) the severity of the offence, and whether a person acting on behalf of the enterprise has acted culpably,

c) whether the enterprise could have prevented the offence by use of guidelines, instruction, training, checks or other measures,

d) whether the offence has been committed in order to promote the interests of the enterprise,

e) whether the enterprise has had or could have obtained any advantage by the offence,

f) the financial capacity of the enterprise,

g) whether other sanctions arising from the offence are imposed on the enterprise or a person who has acted on its behalf, including whether a penalty is imposed on any individual person, and

h) whether agreements with foreign states prescribe the use of enterprise penalties.