What is Act No. 418 / 2011 Coll.?

Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons — Law on criminal liability and proceedings against legal persons.

When it became Act No. 418 / 2011 Coll. effectiveness?

Act No. 418 / 2011 Coll. became effective 01.01.2012.

Is Act No. 418 / 2011 Coll. still valid?

Yes, Act No. 418 / 2011 Coll. is still valid and effective.

How many times was it Act No. 418 / 2011 Coll. amended?

Act No. 418 / 2011 Coll. has 17 time versions of the text.

Act No. 418 / 2011 Coll. - Law on criminal liability and proceeding...

418

THE LAW

of 27 October 2011

on criminal liability and proceedings against legal persons

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter and its relationship with other laws

(1) This law regulates the conditions of criminal liability of legal persons, punishments and protective measures which may be imposed on legal persons for the commission of certain offences and procedures in proceedings against legal persons.

(2) Save as otherwise provided in this law, the Criminal Code, the Code of Criminal Procedure against a Legal Person and the International Judicial Cooperation Procedure in Criminal Matters shall apply mutatis mutandis to the Law on International Judicial Cooperation in Criminal Matters, unless this is excluded by the nature of the case.

(3) For the purposes of other legislation, criminal proceedings shall also mean proceedings against a legal person under this law.

Local scope

§ 2

(1) Under the law of the Czech Republic, the criminal offence committed in the territory of the Czech Republic is assessed by a legal person who has its registered office in the Czech Republic or has an undertaking or organisational component located in the territory of the Czech Republic, or at least carries out his activities there or has his property there.

(2) The offence is considered to have been committed in the territory of the Czech Republic, if the legal person has committed an act

(a) in whole or in part in the territory of the Czech Republic, even if the breach or threat to the interest protected by a criminal law has occurred or should have occurred in whole or in part abroad; or

(b) abroad, where a breach or threat to the interest protected by the criminal law has occurred or should have occurred, even in part, in the territory of the Czech Republic.

(3) Paragraph 4 (3) and (4) of the Criminal Code shall apply mutatis mutandis to participation.

§ 3

According to the Czech law, the criminal offence is also assessed if it was committed abroad by a legal person established in the Czech Republic.

§ 4

(1) According to the law of the Czech Republic, the crime of torture and other non-human and cruel treatment (§ 149 of the Criminal Code), the falsification and alteration of money (§ 233 of the Criminal Code), the destruction of the Republic (§ 310 of the Criminal Code), the manufacture and possession of a criminal law (§ 323 of the Criminal Code), the destruction of terrorist acts (§ 312f of the Criminal Code), the promotion and promotion of terrorism (§ 312e of the Criminal Code), the threat of terrorist crime (§ 312f of the Criminal Code), the terrorist act (§ 312f of the Criminal Code), the terrorist act (§ 312f of the Criminal Code), the Criminal Code (§ 312d of the Criminal Code), the Criminal Code (§ 312d of the Criminal Code), the Criminal Code of the Criminal Code), the Criminal Code (§ 40 of the Criminal Code (§ 4criminal Code), p.

(2) Under the law of the Czech Republic, the offence committed abroad is assessed by a legal person who has no registered office in the Czech Republic, even if the offence was committed for the benefit of a legal person who has a registered office in the Czech Republic.

§ 5

(1) Under the law of the Czech Republic, the criminal offence is also assessed if the international treaty, which is part of the legal order ("the international treaty ') so provides.

(2) Paragraph 2 to 4 shall not be used unless the international agreement so permits.

§ 6

Exclusion of liability of certain legal persons for criminal offences

(1) Under this law, they are not liable

(a) Czech Republic,

(b) local authorities in the exercise of public authority.

(2) The participation of legal persons referred to in paragraph 1 in a legal person shall not exclude the criminal liability of such legal person under this law.

ČÁST DRUHÁ

BACKGROUND OF THE CRITERIA OF LEGAL PERSONS

§ 7

Offences

Criminal acts are for the purposes of this law: crimes or offences listed in the Criminal Code, with the exception of crimes of murder (§ 141 of the Criminal Code), the murder of a newborn child by a mother (§ 142 of the Criminal Code), participation in the suicide (§ 144 of the Criminal Code), the acquittal (§ 338 of the Criminal Code), the involvement of relatives (§ 188 of the Criminal Code), the double marriage and partnership (§ 194 of the Criminal Code), the abandonment of a child or a entrusted person in a criminal law (§ 248 of the Criminal Code), the misconduct of representation of the State and an international organisation (§ 199 of the Criminal Code), the Code of Criminal Code of Criminal Procedure (§ 199 of Criminal Law), the Code of Law of Law of Criminal, the Law of Criminal Procedure (§ 320 of Criminal Procedure), the Law of Criminal Procedure (§ 321 of the Criminal Procedure), the Criminal Code of Criminal Law of Criminal Law of Criminal Procedure (§ 338 of Criminal Procedure), the Criminal Code of Criminal (§ 34 of Criminal Code), the Code of Criminal Law of Criminal Procedure of Criminal Procedure of Criminal Procedure of § 34 of Criminal Procedure of

§ 8

Criminal liability of a legal person

(1) A criminal offence committed by a legal person shall be an offence committed in its interests or in the course of its activities, if so

(a) a statutory body or a member of a statutory body, or another person in a management position within a legal person who is entitled to act on behalf of or as a legal person;

(b) a person in charge of a legal person who carries out a management or control activity with that legal person even if he is not a person referred to in (a);

(c) he who exercises a decisive influence on the management of the legal person where his conduct was at least one of the conditions for the establishment of the consequence of the criminal liability of the legal person; or

(d) a staff member or a person in a similar position (hereinafter referred to as "staff member") in the performance of his duties, even if he is not a person referred to in points (a) to (c);

if it can be attributed to it in accordance with paragraph 2.

(2) A legal person may be attributed to the commission of the offence referred to in § 7 if he has been committed:

(a) the conduct of the bodies of a legal person or persons referred to in paragraph 1 (a) to (c); or

(b) the staff member referred to in paragraph 1 (d) has not, on the basis of a decision, approval or instruction by the authorities of a legal person or persons referred to in paragraph 1 (a) to (c), carried out, under the authority of a legal person or persons referred to in paragraph 1 (a) or because the authorities of a legal person or person referred to in paragraph 1 (a) to (c) have not carried out or have not taken the necessary measures to prevent or avert the consequences of the offence committed.

(3) The criminal liability of a legal person shall not prevent a legal person from ascertaining which particular natural person acted in the manner referred to in paragraphs 1 and 2.

(4) The provisions of paragraphs 1 and 2 shall apply even if:

(a) the negotiations referred to in paragraphs 1 and 2 have taken place before the establishment of a legal person;

(b) a legal person has been established but the court has ruled on the invalidity of a legal person,

(c) the legal act which was to establish an authorisation to act as a legal person is invalid or ineffective; or

(d) the acting natural person is not liable for such an offence.

(5) A legal person shall be acquitted of the criminal liability referred to in paragraphs 1 to 4 if he has made all the efforts he has made that he could reasonably be required to prevent the persons referred to in paragraph 1 from committing the offence.

§ 9

Perp, accomplice and participant

(1) The perpetrator of a criminal offence is a legal person who may be attributed to a breach or threat of interest protected by criminal law in the manner set out in that law.

(2) The perpetrator is also a legal person who has used other legal or natural persons to carry out the crime.

(3) The criminal liability of a legal person shall not affect the criminal liability of natural persons referred to in Article 8 (1) and the criminal liability of such natural persons shall not affect the criminal liability of a legal person. If a criminal offence has been committed by common action by several persons, at least one of whom is a legal person, each of them shall be liable as if it had committed the crime itself.

§ 10

Criminal liability of the legal successor of a legal person

(1) The liability of a legal person shall be transferred to all its legal successors.

(2) Where the criminal liability referred to in paragraph 1 has been passed on to several legal successors of a legal person, the court shall take into account the extent to which the proceeds, benefits and other advantages of the offence committed have passed on to each of them and, where appropriate, the extent to which any of them continue to pursue the activity in respect of which the offence was committed.

(3) The provisions of the Criminal Code shall apply mutatis mutandis to the imposition of a total, aggregate and joint sentence to the legal successor; where such a procedure is not taken into account in view of the nature of the succession or for other reasons, the court shall impose a separate penalty.

(4) Similarly, in accordance with paragraphs 1 to 3, the court shall proceed in the event of the removal of a legal person after a final prosecution.

§ 11

Effective regret

(1) The liability of a legal person shall cease if it has voluntarily waived further infringements; and

(a) eliminate any danger arising from the interest of a protected criminal law or prevent or remedy a harmful consequence; or

(b) have made a notification to the prosecutor or police authority of the offence at a time when the danger arising from the interest of a protected criminal offence may have been eliminated or the harmful consequences of the offence may have been prevented.

(2) However, the liability of a legal person referred to in paragraph 1 shall not lapse if he has committed a criminal offence in insolvency proceedings (§ 226 of the Criminal Code), an infringement of competition rules pursuant to § 248 (1) (e) of the Criminal Code, an advantage in the award of a public contract, a public tender and a public auction pursuant to § 256 (3) or (4) of the Criminal Code, an infringement in the award of a public contract and a public tender pursuant to § 257 (1) (b) or (c) of the Criminal Code, a bribe (§ 332 of the Criminal Code) or an indirect bribery (§ 333 of the Criminal Code).

§ 12

Limitation of criminal liability

Paragraph 34 of the Criminal Code applies mutatis mutandis to the limitation of criminal liability of legal persons.

§ 13

Exclusion from limitation

The passing of the statute of limitations will not result in criminal liability

(a) for the offences referred to in the special section of Title 13 of the Criminal Code, with the exception of criminal offences, the establishment, support and promotion of a movement aimed at suppressing the rights and freedoms of man (Section 403 of the Criminal Code), the expression of sympathy for a movement aimed at suppressing the rights and freedoms of man (Section 404 of the Criminal Code) and the denial, questioning, approving and justifying genocide (Section 405 of the Criminal Code),

(b) for the offences of disintegration of the Republic (§ 310 of the Criminal Code), terrorist attack (§ 311 of the Criminal Code) and terror (§ 312 of the Criminal Code), where they have been committed in such circumstances as to constitute a war crime or a crime against humanity under international law.

ČÁST TŘETÍ

PRESENTS AND PROTECTION MEASURES

HLAVA I

GENERAL PROVISIONS

§ 14

Adequacy of punishment and protection measures

(1) In determining the nature of the sentence and its scope, the court shall take into account the nature and gravity of the offence, the circumstances of the legal person, including his current activity, the number of employees and the subject matter of his activity; taking into account whether a legal person carries out an activity of strategic or difficult to replace importance for the national economy, defence or security. The Court of First Instance shall also take into account whether a legal person has an effective set of preventive measures in place to ensure compliance with legislation and to prevent crime (hereinafter referred to as "preventive measures') and the action of a legal person after an act, in particular its effective attempt to compensate for damage or to eliminate other harmful consequences of the offence, and to introduce an effective set of preventive measures and corrective measures to prevent the risk of the recommitting of the same or similar crime (hereinafter referred to as" corrective measures'). It shall also take into account the effects and consequences that can be expected from the punishment for the future activity of a legal entity.

(2) A safeguard measure may not be imposed on a legal person unless it is proportionate to the nature and gravity of the act committed and its circumstances.

(3) In imposing criminal penalties, the court shall also take into account the consequences which may be imposed on third parties, in particular the legitimate interests of persons harmed by a criminal offence and creditors of a legal person whose claims against a criminally responsible legal person have arisen in good faith and are not originating or unrelated to the criminal offence of a legal person.

§ 15

Types of penalties and safeguard measures

(1) Only those penalties may be imposed for offences committed by a legal person

(a) the revocation of a legal person;

(b) forfeiture of property;

(c) criminal penalties;

(d) forfeiture of the case;

(e) a prohibition of action;

(f) the prohibition on the holding and rearing of animals;

(g) a prohibition on the performance of public contracts or participation in a tender;

(h) a prohibition on receiving subsidies and subsidies;

(i) publication of the judgment.

(2) For offences committed by a legal person, a protective measure may prevent a case or prevent part of the property.

(3) The legal person may be subject to the penalties and protective measures referred to in paragraphs 1 and 2 separately or alongside. However, a pecuniary penalty may not be imposed or a portion of the property may be prevented from being forfeited in addition to the same part of the property and the forfeiture in addition to that of the same thing.

HLAVA II

PRESENTATION OF SINGLE SPECIES OF TRETS

§ 16

Cancellation of a legal person

(1) The Court of First Instance may impose a penalty for the cancellation of a legal person having its registered office in the Czech Republic if its activity consisted wholly or principally in the commission of a criminal offence or criminal offence. The penalty for the cancellation of a legal person may not be imposed if the nature of the legal person excludes it.

(2) If a bank is a legal person, the court may impose a penalty for the cancellation of a legal person only after the Czech National Bank has expressed its views on the possibilities and consequences of its imposition; the court shall take such observations into account. Similarly, the first sentence shall apply in respect of an insurance undertaking, reinsurance undertaking, pension fund, investment company, investment fund, securities dealer, savings and credit cooperative, CSD, electronic money institution, payment institution, settlement system operator and market operator of investment instruments.

(3) Where a legal person is a commodity exchange, the court may impose a penalty for the revocation of a legal person only after the competent authority of the State granting the State authorisation to operate the stock exchange under another legislation has expressed its views on the possibilities and consequences of its imposition; the court shall take such observations into account.

(4) The legal authority of a decision imposing a penalty for the cancellation of a legal person shall enter into liquidation.

(5) The assets of a legal person who has been penalised for the cancellation of a legal person may be satisfied with the creditors' claims in the absence of assets which, due to their nature or nature or the nature of the offence committed, are excluded.

§ 17

Profit

(1) The Court of First Instance may impose a penalty for the forfeiture of property where it condemns a legal person for a particularly serious crime which he or she has acquired for himself or others or has sought to obtain property benefits.

(2) Without the conditions of paragraph 1, a court may impose a penalty for forfeiture of property only where the criminal code allows the imposition of that penalty for a crime committed.

(3) The forfeiture of property affects all or part of the property of a legal person designated by the court.

(4) If a legal person is a bank or a foreign bank whose branch operates in the Czech Republic on the basis of a bank licence granted by the Czech National Bank or on the basis of the principle of a single licence under another legislation, the court may impose a penalty for forfeiture of property only after the Czech National Bank has expressed its views on the possibilities and consequences of its imposition; the court shall take such observations into account. Similarly, the first sentence shall apply to insurance undertakings, branches of insurance undertakings, reinsurance undertakings, branches of reinsurance undertakings, pension funds, investment companies, investment funds, securities dealers, branches of a securities dealer, savings and credit cooperatives, CSDs, electronic money institutions, branches of a foreign electronic money institution, payment institutions, settlement system operators and market operators of investment vehicles.

§ 18

Cash penalty

(1) The daily rate is at least CZK 1,000 and at most CZK 2,000 000. In determining the amount of the daily rate, the court shall take into account the assets of the legal entity, taking into account the net turnover of the legal entity achieved during the last completed financial year, if any.

(2) Paragraph 17 (4) shall apply mutatis mutandis.

§ 19

Falling things

The court may impose a penalty on a legal person for the forfeiture of a case, including the forfeiture of a replacement value, under the conditions laid down in the Criminal Code.

§ 20

Prohibition of action

(1) The Court of First Instance may penalise a legal person for one year to 20 years if the offence has been committed in connection with that activity.

(2) Paragraph 17 (4) shall apply mutatis mutandis.

§ 20a

Prohibition of holding and rearing animals

The court may impose a penalty on a legal person against the prohibition of holding and rearing animals for up to 20 years if the offence has been committed in connection with the holding, breeding or care of the animal.

§ 21

Prohibition of performance of public contracts or participation in a tender

The Court of First Instance may impose a penalty against a prohibition on the performance of public contracts or participation in a competition to a legal person for one year to twenty years if the legal person has committed a criminal offence in connection with the conclusion of a contract for the performance of a public contract or with its performance or with participation in a procurement procedure or in a public tender.

§ 22

Prohibition of receiving subsidies and subsidies

The Court of First Instance may impose a penalty on a legal person for one to 20 years from the date on which a legal person has committed a criminal offence in connection with the submission or processing of an application for a subsidy, subsidy, repayable financial assistance, contribution or other public aid, with their provision or use.

§ 22a

Conditioned abandonment of the rest of the sentence of prohibition of activity, prohibition of holding and rearing of animals, prohibition of performance of public contracts or participation in competition and prohibition of receiving subsidies and subsidies

(1) Following the execution of half of the sentence of the prohibition on the activity, the prohibition on holding and rearing animals, the prohibition on the performance of public contracts or on participation in public procurement or the prohibition on the acceptance of subsidies and subsidies, the court may, on condition that the sentenced legal person at the time of the execution of the sentence of his other activities has demonstrated that no further execution of the sentence is necessary, in particular if it demonstrates an effective set of preventive measures and corrective measures.

(2) Where the suspension of the exercise of the remainder of the prohibition of activity, the prohibition on holding and rearing animals, the prohibition on performance of public contracts or participation in public procurement or the prohibition on receiving subsidies and subsidies, the court shall set a trial period of up to 10 years, but not less than the remainder of the sentence; the probationary period begins with the legal power of the decision on such abandonment.

(3) Paragraph 91 (1) to (3) of the Criminal Code applies mutatis mutandis.

§ 23

Publication of the judgment

(1) The Court of First Instance may impose a penalty for the publication of a judgment where the public must be informed of the condemning judgment, in particular in view of the nature and gravity of the offence, or where an interest in protecting the safety of people or property or society so requires. In so doing, the court shall determine the type of public media in which the judgment is to be published, the extent of its publication and the time limit for the legal person to publish the judgment.

(2) The sentence of publication of the judgment is that the sentenced legal person shall, at his or her expense, have the final condemnation of the judgment or its designated parts published in a court-designated type of public media, stating the details of the trading firm or the name of the legal entity and its registered office. The information enabling the identification of a natural or legal person which is different from the convicted legal person, as set out in the operative part of the judgment and in its justification, must be anonymous before publication.

HLAVA III

_

§ 24

Limitation of execution

The sentence imposed on a legal person may not be executed after the limitation period which it takes

(a) 30 years, if there is a sentence for a financial penalty imposed at at least 5,475 daily rates, or for a penalty for the prohibition of activity, the prohibition on holding and rearing animals, the prohibition on public procurement or participation in a competition, the prohibition on receiving subsidies and subsidies if their duration is at least 15 years;

(b) 20 years, if there is a sentence for a financial penalty imposed at at least 3,650 daily rates, or for a prohibition of activity, a ban on the holding and rearing of animals, a ban on the performance of public contracts or participation in a competition, a prohibition on the acceptance of subsidies and subsidies if their duration is at least 10 years;

(c) 10 years, if there is a conviction for a penalty of at least 1 825 per day, or for a prohibition of activity, a prohibition on holding and rearing animals, a prohibition on public procurement or participation in a competition, a prohibition on receiving subsidies and subsidies if their duration is at least 5 years;

(d) five years in prison for another sentence.

§ 25

Exclusion from limitation

The execution of the sentence imposed on the offences referred to in Paragraph 13 shall not be barred.

HLAVA IV

WITHDRAWAL MEASURES

§ 26

Prevent things

The Court of First Instance may impose a protective measure on a legal person to prevent a case, including a substitute or to prevent files and equipment, or instead to prevent a case from imposing an amendment to a case, the removal of a particular establishment, marking or making another change or restriction on the disposition of a case under the conditions laid down in the Criminal Code.

§ 26a

Preventing part of the property

The court may impose a protective measure on a legal person to prevent part of the property under the conditions laid down in the Criminal Code.

HLAVA V

EXEMPTIONS

§ 27

(1) A convicted legal person is seen as not being convicted as soon as he is

(a) the sentence is served;

(b) the sentence or the remainder thereof, or

(c) the execution of the sentence is barred.

(2) A legal person convicted of a particularly serious crime for the forfeiture of property or for the prohibition of activity, the prohibition on holding and rearing animals, the prohibition on the performance of public contracts or participation in a public tender or the prohibition on receiving subsidies and subsidies, if their duration is at least five years, shall be regarded as not being convicted if three years have elapsed since the date referred to in paragraph 1.

ČÁST ČTVRTÁ

SPECIFIC PROVISIONS ON THE MANAGEMENT OF LEGAL PERSONS

§ 29

Local jurisdiction

If it is not possible to identify the crime scene or if the offence has been committed abroad, the proceedings shall be conducted by a court in whose district the accused legal person has his registered office or in whose district the accused foreign legal person has his business or organisational component; If these places cannot be identified or are outside the territory of the Czech Republic, the proceedings shall be held by a court within whose territory the act has become apparent.

§ 29a

Delay of the case

(1) The prosecutor may defer the case before the start of the prosecution by order, except in cases under the criminal rules, if:

(a) a legal person is unable to carry on his or her business for more than 1 year;

(b) in view of its circumstances, criminal prosecution would be ineffective; and

(c) in view of the nature and gravity of the offence committed and the extent to which it has been affected by the public interest, the procedure provided for in other legislation enabling the removal of a legal person may be considered sufficient.

(2) The postponement order must be delivered to the injured party if known. The notifier shall be informed of the postponement of the case if he so requested under Paragraph 158 (2) of the Criminal Code.

(3) A complaint with suspensive effect may be lodged by the injured party against the order to postpone the case.

(4) Where the prosecutor has postponed the case pursuant to paragraph 1, the prosecutor shall submit a request to the court or other competent authority for the removal of a legal person with liquidation.

§ 30

Notification of the initiation and termination of criminal proceedings

(1) The competent authority of the public authority or the person who, under other legislation, maintains a trade register or other legally designated register, register or register, licensing or authorisation for the activity of that legal person and the authority responsible for the supervision of such legal person shall notify the opening of criminal proceedings against a legal person. These authorities or persons shall inform the President of the Chamber and, in the preparatory procedure, the Prosecutor of the final termination of the case.

(2) Where registration in a legally designated register, register or register is necessary for the cessation or conversion of a legal person, the President of the Chamber shall inform the public authority which maintains such register, register or register of the termination of the enforcement procedure.

§ 31

Joint management

(1) There shall be joint proceedings against the accused legal person and the accused natural person where their offences are related, unless there are important grounds for doing so. Joint proceedings shall be held by the Regional Court if it is competent to conduct proceedings on at least one of the offences. Where the perpetrators of the most severe crime or of the most severe crime are the accused legal person and the natural person, joint proceedings shall be held by a court which is competent to bring proceedings against the accused natural person.

Citation	Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	22.12.2011
Effective from	01.01.2012
Effective until	-
Status	Valid

Act No. 418 / 2011 Coll.

Law on criminal liability and proceedings against legal persons

Contents