AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 63 No 2 (2017), 7–24

Koncepce trestní odpovědnosti právnických osob

[The Conception of Corporate Criminal Liability]

Jiří Jelínek

DOI: https://doi.org/10.14712/23366478.2017.6
published online: 09. 06. 2017

abstract

The author reflects on the conception of corporate criminal liability in the Czech Republic under the Act no. 418/2011 Sb., on Corporate Criminal Liability and the proceedings against legal persons. Corporate criminal liability does not only complement the criminal liability of natural persons. It is regarded as a branch of criminal liability equal to the criminal liability of natural persons. The so-called principle of subsidiarity of criminal repression applies to the liability of natural persons as well as to the liability of corporations. The author considers corporate criminal liability as genuine liability for which the conditions of criminal liability and of punishment for corporate wrongdoings are stipulated by law. Sanctions are decided upon during criminal proceedings. Furthermore, the author refers to the corporate criminal liability under Czech criminal law as liability deriving from natural persons who act on behalf of legal persons. The liability of natural persons is regarded as parallel to and independent of the criminal liability of legal persons. Corporate criminal liability under Czech law is understood as subjective liability. The author justifies the special features of “fault” with respect to legal entities. In the end, the author examines the possibility of legal persons to “exculpate” from criminal liability under the § 8 (5) of the Act cited above. This provision was incorporated into the Act by the amendment no. 183/2016 Sb., which came into effect on 1st December 2016.

keywords: corporate criminal liability; genuine criminal liability; parallel and independent criminal liability of natural and legal persons; the amendment to the Act on Corporate Criminal Liability; the possibility of legal persons to “exculpate” from criminal liability

Creative Commons License
Koncepce trestní odpovědnosti právnických osob is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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