Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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AUC IURIDICA, Vol 63 No 2 (2017), 71–89
Trestní odpovědnost právnických osob – srovnání Česká republika a Slovenská republika
[Corporate Criminal Liability – Comparing the Czech Republic and Slovakia]
Eduard Bruna
DOI: https://doi.org/10.14712/23366478.2017.10
published online: 09. 06. 2017
abstract
The author compares the legislation on corporate criminal liability in the Czech Republic under the Act no. 418/2011 Sb., on Corporate Criminal Liability and the proceedings against legal persons in its latest amendment which was made by the Act no. 183/2016 Sb., with the legislation in Slovakia under the new Act no. 1/2011 Zb., which came into effect on 1st July 2016. The author argues that both laws are based on the same principle of genuine corporate criminal liability. Both countries have adopted the concept of corporate criminal liability which is derived from the conduct of natural persons - the representatives of legal entities. In both states, the criminal liability of legal persons is independent of the liability of natural persons and, at the same time, it is parallel to it. Legal and natural persons may be prosecuted for the same actions. The Czech legislation on corporate criminal liability is stricter. It follows from the personal applicability of the Czech legislation and from the scope of criminalization of corporate conduct which is much broader. The Slovak legislation is more advanced, in a juridical sense, on the issue of transition of criminal responsibility to a legal successor.
keywords: substantive criminal law; corporate criminal liability; Czech Republic; Slovakia; scope of criminalization of corporate actions; possibility of legal persons to exculpate from criminal liability; transition of criminal responsibility to a legal successor
Trestní odpovědnost právnických osob – srovnání Česká republika a Slovenská republika is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
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ISSN: 0323-0619
E-ISSN: 2336-6478
