On March 23, 2016, the Chamber of Deputies in the third reading the as deputies printed matter no. 304 submitted draft amendment to Act no. 418/2011 Coll., On criminal liability of legal persons and the proceedings against them, as amended by subsequent regulations (hereinafter only " SRHJP "), adopted (hereinafter the " amendment ").
The aim of the amendment is in particular, to re-determine the scope of the offenses for which a legal person can be prosecuted. The amendment is an amendment of § 7 SRHJP. The current list of offenses for which a legal person may be held responsible, should be redesigned as a negative determination, ie the entry into force of the amendment, a legal person can be prosecuted for all listed in the special section of the Criminal Code offenses, with the exception of explicitly enumerated offenses in § 7 SRHJP. According amendment offenses to be excluded, in particular, the fact makes the commission of the offense by a legal person impossible or criminal whose offense is such a natural person (perpetrator) bound that the commission of such an offense in the interest or in connection with the activities of a can be legal person has difficulties constructed.
The amendment also proposes that by sincere repentance not invalidate the liability of legal person for such offenses:
- Machinations in bankruptcy proceedings;
- Violation of rules about the rules of economic competition in accordance with § 248 para 1 literally e) of the Criminal Code.
- Agreement of an advantage in the award of a public contract in a public tender and public auction pursuant to § 256 para 3 or 4 of the Criminal Code.
- Machinations in the award of a public contract and a public tender in accordance with § 257 para 1 letter b) or c) of the Criminal Code; and
- Machinations at a public auction in accordance with § 258 para. 1 literally. B) or c) of the Criminal Code.
The amendment provides also to expand the list of offenses for which a foreign legal person may be held responsible, regardless of where they committed the act, so that the design of the scheme in the Criminal Code comes closer. This is to prosecute, such as torture and other inhuman and brutal treatment, violence against a member of the public authorities, Apart heid and discrimination against a group of persons, military brutality in particular to the possibility of a foreign legal person for probably not too common crime, etc. . Last of the proposed amendments is the exclusion of the possibility of limitation of criminal liability and prison for the offenses listed in § 13 SRHJP. This is in particular to various crimes against humanity, peace and war crimes continue to the criminal destruction of the Republic, terrorist attack and terror, when committed as war crimes or crimes against humanity under international law.
The plan submitted by the Czech government draft amendment was adopted as amended by the Amendments of Deputies, by the offense defamation was assigned to the offenses for which a legal person is criminally responsible, and on the contrary, the liability of a legal person for the offense of injury the rules governing the rules of economic competition in accordance with § 248 para. 2 of the Criminal Code has been excluded.
Not least, it has come through the approval of the amendment to a narrowing of the liability of legal persons for offenses only to cases in which the crime was committed in the interest or as part of a legal entity of activity. On behalf of a legal person offenses therefore not committed by a legal person more offenses will in future be, that is, the legal person can not be held criminally responsible for such acts. This change has also taken a modification of the text of § 8 SRHJP by itself, according to the order the offense a legal person can be attributed, in the future, a person acting unlawfully, which occupies a leading position in the legal person, as opposed to previous scheme, where only the authorization of such a person was sufficient to act on behalf of the legal person or to exercise decisive influence, without the condition of the conductive position was determined.
The provision of § 8 SRHJP was further supplemented by the paragraph 5, which makes it a legal person possible to waive the liability for an offense if it has made every effort that could be required of it reasonably to the commission to prevent the crime by the persons referred to in § 8 SRHJP (ie especially by executive bodies, by exerting decisive influence people, employees, etc.).
Finally, reference may be made to the published statistics, which show that (ie since the entry into force of the amended Act) was initiated criminal proceedings against a total of 92 legal entities by the end of February 2014 from 1 January 2012 Design.