2008-10-27
1. Conditions for Establishing Liability of Legal Entities for Criminal Offences
The Grounds for Liability of Legal Entities
Article 6
A legal person shall be held accountable for criminal offences which have been committed for the benefit of the legal person by a responsible person within the remit, that is, powers thereof.
The liability referred to in paragraph 1 of this Article shall also exist where the lack of supervision or control by the responsible person allowed the commission of crime for the benefit of that legal person by a natural person operating under the supervision and control of the responsible person.
Limits of the Liability of Legal Entities
Article 7
Liability of legal entities shall be based upon culpability of the responsible person.
Under the conditions referred to in Article 6 of this Law, a legal person shall be held accountable for criminal offences committed by the responsible person even though criminal proceedings against the responsible person have been discontinued or the act of indictment refused.
Termination or Change of Status of Legal Entities
Article 8
Should a legal entity cease to exist before the completion of criminal proceedings, a fine, security measures and confiscation of the proceeds from crime may be imposed against the legal entity being a legal successor thereof, if the liability of the legal entity that ceased to exist had been established.
Should the legal entity cease to exist after the final completion of the proceedings where the liability has been established and a penal sanction for a criminal offence imposed, a fine, security measures and confiscation of the proceeds from crime shall be enforced against the legal entity being a legal successor thereof.
A legal entity who, after the commission of a criminal offence changed its legal form which it had operated within, shall be liable for criminal offences under the conditions stipulated in Article 6 of this Law.
Liability of Legal Entities in Cases of Bankruptcy
Article 9
A legal entity that has bankrupted shall be liable for criminal offences committed before the instigation of or in the course of the bankruptcy procedure.
The punishment of confiscation of the proceeds from crime or a security measure of confiscation of instrumentalities shall be imposed against the liable legal entity referred to in paragraph 1 of this Article.
Attempt
Article 10
A legal entity shall be liable for an attempt of a criminal offence under the conditions stipulated in Article 6 of this Law if the attempt is provided for by law as punishable.
An accountable legal entity may be imposed a punishment for an attempt as provided for by this Law, but it may be also punished less severely.
A legal person who has prevented the commission of a criminal offence to complete may be exonerated from the punishment.
The Continuance of a Criminal Offence
Article 11
A legal person shall be liable for the continuance of a criminal offence if, in compliance with Article 6 of this Law, it is accountable for several criminal offences committed by two or several responsible persons, provided that the criminal offences constitute a joinder as mentioned in Article 61, paragraph 1 of the Criminal Code.
The sanction imposed against the liable legal person for the continuance of a criminal offence may be aggravated to the extent of a double amount stipulated in Article 14 of this Law.
