23.10.2018

D r a f t   l a w   o n   c o m p a n y ' s   p e n a l   l i a b i l i t y  

Draft law on company's penal liability

The regulation is at the stage of being drafted by the Ministry of Justice. A prosecutor's finding that a crime has been committed in a company is to be sufficient to instigate proceedings against such an allegedly dishonest company. There will no longer be a requirement of a prior binding conviction of such company’s representative who had violated the law. Until now, criminal liability cannot be sought against an entity operating in the form of a company unless the court convicts e.g. the company’ president, board members or other representatives beforehand. The issue of penal liability of a particular person and a company will, in principle, be settled within the same proceedings.

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