Trestní odpovědnost právnické osoby a člen statutárního orgánu aneb vytýkatelnost protiprávního činu člena statutárního orgánu právnické osobě
| Title in English | Criminal Liability of Legal Entity and Statutory Body's Member or Accountability of Illegal Act of Statutory Body's Memeber to Legal Entity |
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| Authors | |
| Year of publication | 2020 |
| Type | Monograph |
| Citation | |
| Description | In submitted monograph I focus on very specific, yet crucial, field of criminal liability of legal entities (i. e. corporate criminal liability). This is because of fact that board members of legal entity are primarily those whose illegal acts (because members of a board are those who are entitled by law to represent legal entity in a first place) usually represent imaginary ‘trigger’ for legal assessment that may result into conclusion that certain legal entity is criminally liable for certain illegal act. But it is not only illegal acts where the board members play their role in field of fundaments of corporate criminal liability. Considering the fact that they also do enjoy certain discretions that are aimed ‘inside’ the legal entity, the law states that one of the conditions of imputability of illegal act of employee towards legal entity is also certain type of participation of board member on such illegal act. Therefore, in this monograph I present construction of criminal offence of legal entity based on concept of accountability with special focus on position of board member within fundaments of corporate criminal liability. Special emphasis I put on naming, evaluation and suggestion of solutions of selected questions such as connection between construction of accountability and civil law regulation and connected issues, construction of conditions of accountability or issue of culpability of legal entity. Provided solutions are formed in order to maximally secure and facilitate fulfilment of purpose of criminal proceedings (Section 1 par. 1 CCP). |
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