Even though the Act came into force eleven years ago, many businesses either still don’t know that it exists or are just now becoming familiar with it.
Corporate criminal liability applies to nearly all legal entities and to those individuals who work for legal entities, with some exceptions such as local self-government units in the exercise of public authority, foreign states and certain international organisations. It is important to note that the law does not deem a corporate entity to be able to act by itself, but acts through the representatives of its governing bodies and its employees, and it is these individuals who play a significant role in the criminal liability of legal entities.
Thus, according to Section 8 of the Act, a criminal offence committed by a legal entity is considered an unlawful act committed in its interest or during its activities if the act is committed by:
For an offence committed by an employee (or a person in a similar position) to be attributable to the legal entity, the employee needs to have committed the offence:
i. while performing his or her work, and, at the same time, the employee would need to have committed the offence:
However, legal entities can be relieved of criminal liability if they can prove that they acted with the necessary due diligence and appropriate level of professional competence to prevent the commission of a crime or to minimise its impact.
Nevertheless, this type of relief will depend on the specifics of the case. Therefore, it is important that all above-mentioned persons (especially members of a governing body and other persons in a managerial position and all relevant employees of a company) are aware of this potential criminal liability.
For more information on corporate criminal liability in the Czech Republic, contact your CMS client partner or local CMS experts.
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