On The Criminal Liability Of Legal Persons And Proceedings Against Them

Original Language Title: o trestní odpovědnosti právnických osob a řízení proti nim

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=75794&nr=418~2F2011~20Sb.&ft=txt

418/2007 Sb.



LAW



of 27 June. October 2011



on the criminal liability of legal persons and proceedings against them



Change: 105/Sb.



Change: 141/2014 Sb.



Change: 86/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



GENERAL PROVISIONS



§ 1



The subject of the edit and its relationship to other laws



(1) this Act regulates the conditions for criminal liability of legal

persons, the penalties and the protective measures that can be used for committing the laid down

offences to legal persons and the procedure in proceedings against the

legal persons.



(2) unless otherwise provided by this Act, the criminal code, in the

proceedings against a legal person code of criminal procedure and in the proceedings of the international

judicial cooperation in criminal matters reasonably Act on international

judicial cooperation in criminal matters, where this is not in the nature of things

out of the question.



(3) for the purposes of other legislation, it is understood that criminal proceedings

proceedings against a legal person pursuant to this Act.



Local scope



§ 2



(1) according to the law of the Czech Republic is judged the offence of a crime committed

on the territory of the United States is a legal person that has its head office in the United

Republic or in the territory of the United States has positioned the firm or

organizational folder, or at least exercised here or here

has your property.



(2) a criminal offence is considered as committed in the territory of the Czech Republic,

if committed by a legal person, the hearing



and) totally or partially on the territory of the United States, even if the infringement or

criminal law-protected interests there or should occur

whole or in part in a foreign country, or



(b)) in a foreign country, if the breach or a threat to the interests protected by criminal

the law there was, or should be, even if only partially, to occur in the territory of the United

of the Republic.



(3) The intervention shall be, mutatis mutandis, to section 4, paragraph 4. 3 and 4 of the criminal code.



§ 3



Under the law, the United States is assessed also crime, if it

committed abroad, a legal person having its registered office in the Czech Republic.



§ 4



(1) according to the law of the Czech Republic is considered crime of counterfeiting and

alteration of money (section 233 of the Criminal Code), giving false and

forged currency (section 235 of the Criminal Code), production and possession of

padělatelského equipment (section 236 of the Criminal Code), unauthorized production

money (article 237 of the Criminal Code), a terrorist attack (section 311 of the criminal

Code) even if she committed the offence abroad, legal

a person who does not have a registered office in the Czech Republic.



(2) according to the law of the Czech Republic is judged the offence of a crime committed

in a foreign country is a legal person that has its registered office in the Czech Republic, also

then, if the Act was committed for the benefit of a legal person, which has the

the Czech Republic is situated.



§ 5



(1) according to the law of the Czech Republic will be assessed also crime, if

so provided by an international agreement, which is part of the legal order (hereinafter

"international agreement").



(2) the provisions of paragraphs 2 to 4 shall not apply if international agreement

not be admitted.



§ 6



Exclusion of certain legal persons for the offence



(1) under this Act are not criminally responsible



and the Czech Republic),



(b)) when the presumed the exercise of public power.



(2) the participation of legal entities referred to in paragraph 1 to the

a legal person shall not exclude criminal liability of such legal person

under this Act.



PART TWO



THE FOUNDATIONS OF CRIMINAL LIABILITY OF LEGAL PERSONS



§ 7



Criminal offences



The offences for the purposes of this Act, the crimes or offenses

referred to in the criminal code, trafficking in human beings (section 168 of the criminal

Code), the child into the power of another (section 169 of the Criminal Code),

blackmail (section 175 of the Criminal Code), violation of the secret of transported

reports (article 182 of the Penal Code), rape (section 185 of the criminal

Code), sexual coercion (section 186 of the Criminal Code), sexual

abuse (section 187 of the Criminal Code), procuring (article 189 of the criminal

Code), production and other handling of child pornography (§ 192

of the Criminal Code), the abuse of a child to produce pornography (§ 193

of the Criminal Code), participation in pornographic performances (§ 193a

of the Criminal Code), establishing illegal contacts with the child (§ 193b

of the Criminal Code), the challenges to the education of the child (article 201 of the criminal

Code), Seductions of sexual intercourse (section 202 of the Criminal Code),

fraud (article 209 of the Criminal Code), insurance fraud (section 210 of the criminal

Code), loan fraud (section 211 of the Penal Code), subsidy fraud (section

212 of the Criminal Code), the operation of dishonest betting and gaming (§ 213

of the Criminal Code) handling stolen goods (section 214 of the Criminal Code),

offence of negligence (section 215 of the Criminal Code), the legalization of the proceeds

of the crime (section 216 of the Criminal Code), the legalization of the proceeds of the

crime of negligence (§ 217 of the Penal Code), usury (§ 218

of the Criminal Code), unauthorized access to computer systems and

the information medium (section 230 of the Criminal Code), and possession of

access device and password to the computer system and other such

data (section 231 of the Criminal Code), damage to the record on the computer system

and on the information medium and the intervention into the computer equipment from negligence (§ 232

of the Criminal Code), forgery and alteration of money (section 233 of criminal

code as well as under the conditions of section 238 of the Criminal Code), unlawful measures,

counterfeiting and alteration of the payment instrument (section 234 of the criminal code and

under the terms of section 238 of the Criminal Code), giving false and forged

money (section 235 of the criminal code and under the terms of section 238 of the criminal

Code), production and possession of padělatelského equipment (section 236 of the criminal

code as well as under the conditions of section 238 of the Criminal Code), an unauthorized production

money (section 237 of the criminal code and under the terms of section 238 of the criminal

Code), reducing taxes, fees and similar payments required (§ 240

of the Criminal Code), tax evasion, social

Security and similar mandatory payments (article 241 of the Criminal Code),

failure to comply with the notification requirement in the tax proceedings (article 243 of the criminal

Code), infringements of the stickers and other objects to indicate

goods (section 244 of the Criminal Code), forgery and alteration of objects to

the description of goods for tax purposes and articles demonstrating compliance with

fees (section 245 of the Criminal Code), misrepresenting data on

the State of the economy and equity (section 254 of the Criminal Code), the negotiation of benefits

When the award of the contract, tender and public sale (section 256

of the Criminal Code), defeated in the award of public contracts and public

competition (section 257 of the Criminal Code), defeated at public auction (§ 258

of the Criminal Code), the issuance of a false confirmation and message (section 259

of the Criminal Code), damaging the financial interests of the European Union (§ 260

of the Criminal Code), infringement of copyright, rights related to

Copyright and database rights (section 270 of the Penal Code),

illegal arming (section 279 of the Penal Code), the development, production and

possession of prohibited combat equipment (section 280 of the Penal Code),

illegal production and possession of radioactive material and a highly dangerous substance

(section 281 of the Penal Code), illegal production and possession of nuclear

material and special fissionable material (section 282 of the Criminal Code),

the illicit manufacture of, and the other dealing with narcotic drugs and psychotropic substances

and with the Poisons (section 283 of the Penal Code), possession of narcotic drugs and psychotropic

substances and poison (section 284 of the Criminal Code), the illicit cultivation of plants

containing narcotic or psychotropic substance (section 285 of the criminal

Code), damage and danger to the environment (section 293 of the criminal

Code), and damage to the environment through negligence (§ 294

of the Criminal Code), damage water source (section 294a of the criminal

Code), damage to the forest (article 295 of the Criminal Code), unauthorized

discharge of pollutants (article 297 of the Penal Code), unauthorized

waste management (§ 298 of the Criminal Code), an unauthorized production and

other disposal of ODS (section 298a

of the Criminal Code), unlawful dealing with protected wild

fauna and Flora (section 299 of the Criminal Code),

unauthorized handling of protected wildlife and flora

growing plants from negligence (section 300 of the Criminal Code),

damage to protected parts of nature (article 301 of the Penal Code),

terrorist attack (section 311 of the Criminal Code), threats to

Act on public authority (art. 324 of the Criminal Code), threats to

the aim of the Act on official person (§ 326 of the Criminal Code), the adoption of

the bribe (section 331 of the Penal Code), vaild (section 332 of the criminal

Code), trading in influence (article 333 of the Criminal Code), interference with

the independence of the Court (article 335 of the Criminal Code), obstruction of the performance of

the official decision and recognition (article 337 of the Penal Code), the organisation of

and allowing the illegal crossing of the State border (section 340 of the criminal


Code), facilitation of unauthorised residence on the territory of the Republic (§ 341

of the Criminal Code), unlawful employment of foreigners (article 342 of the criminal

Code), a false statement and false expert opinion (article 346 of the criminal

Code), forgery and alteration of public documents (§ 348 of the criminal

Code), illegal production and possession of the great seal and seal

official stamp (section 349 of the Penal Code), violence against a group of

inhabitants and against an individual (§ 352 of the Penal Code), defamation

nation, race, ethnic, or other group of persons (section 355 of the criminal

Code), incitement to hatred against a group of people or to reduce

their rights and freedoms (section 356 of the Criminal Code), participation in organized

a criminal group (Section 361 of the Penal Code), incitement to crime

the Act (section 364 of the Criminal Code), favoring (section 366 of the Penal Code),

expression of sympathy to the movement towards the Suppression of the rights and freedoms of man

(article 404 of the Penal Code) and denying, questioning, approval and

justification of genocide (section 405 of the Penal Code).



§ 8



The criminal liability of legal persons



(1) a criminal offence committed by a legal person is an unlawful act

committed on its behalf or in its interest, or in the context of its activities,

If so



and) statutory authority or the Member of the Board, or another person,

who is authorised to on behalf of or for a legal person to act,



(b)) a person who in this legal entity carries out the management or control

activity, although it is not a person referred to in subparagraph (a)),



(c)) a person who exercises a determining influence on the management of the legal person,

If his conduct has been at least one of the conditions of developing the aftermath

establishing the criminal liability of legal persons, or



(d) an employee or person) in a similar position (hereinafter referred to as "employee")

in the course of work, although it is not a person referred to in (a))

(c)),

If it can be attributed to pursuant to paragraph 2.



(2) a legal person can be attributed to the offence referred to in section

7 if it was committed



and the conduct of the institutions of the legal entity), or the persons referred to in paragraph 1

(a). a) to (c)), or



(b)) an employee referred to in paragraph 1 (b). (d)) on the basis of the decision,

approval or instruction of the institutions of the legal person or the persons referred to in

paragraph 1 (b). a) to (c)) or because the authorities of the legal person, or

the persons referred to in paragraph 1 (b). ) to c) have not implemented such measures,

that should be done under other legislation or that for them

can be reasonably required, in particular, have not mandatory or necessary

control over the activities of employees or other persons to whom they are

nadřízeny, or the imprimatur of the measures necessary to avoid or avert

the consequences of the crime committed.



(3) the criminal liability of legal persons does not preclude, if not

to find out which specific natural person acted in the manner specified in the

paragraphs 1 and 2.



(4) the provisions of paragraphs 1 and 2 shall be used even if the



and) to act within paragraphs 1 and 2, before legal

of the person,



(b)) a legal person was, but the Court decided on the invalidity of legal

of the person,



(c)), which had a legal act to establish a legal permission to conduct

the person is invalid or ineffective, or



(d) a natural person is not) acting under the criminal offence

responsible.



§ 9



The perpetrator, accomplice or participant



(1) the offender is a legal person, which can be attributed to

violations of or threats to the interests protected by criminal law in a manner

referred to in this Act.



(2) the offender is a legal person to perform an act taken other

legal or natural persons.



(3) the criminal responsibility of legal persons is without prejudice to the criminal

the liability of the natural persons referred to in § 8 para. 1 and the criminal

the responsibility of these individuals does not affect the criminal responsibility of

of the legal entity. If the offence was committed by a common act more

people, at least one of which is a legal person, corresponds to each of them,

as if the offense she committed herself.



§ 10



Criminal liability of the legal successor of legal persons



(1) the criminal liability of legal persons is inherited by all of its legal

the successor.



(2) she went to criminal liability in accordance with paragraph 1 on more legal

the successors of a legal person, the Court shall take into account when deciding on the type and

area of a sentence or a preventive measure to what extent the

each of them passed the revenue benefits and other benefits from the committed

of the offence, or to what extent any of these

continues, in connection with which the offence has been committed.



(3) for storage of aggregate, comprehensive and common legal penalty

successors will shall apply mutatis mutandis the provisions of the criminal code; does not come to

such a procedure in the account due to the nature of the legal succession or from

other reasons, the Court saves a separate penalty.



(4) Similarly, in accordance with paragraphs 1 to 3, the Court will proceed in the event that the

the legal person is cancelled after a final end of criminal

prosecution.



§ 11



Effective regret



(1) the criminal liability of legal persons shall cease, if voluntarily

refrain from further offences and



and eliminate the danger which) was the interest protected by the criminal

by law, or the aftermath of the Suppression of harmful or malicious results in

remedy, or



(b)) has made to the Prosecutor or the police authority of the crime

the announcement at a time when the danger resulting from the interest protected by the criminal

by law, could be removed or harmful consequences of

the crime could be prevented.



(2) the criminal liability of legal persons referred to in paragraph 1 shall, however,

If the offence committed passive bribery (section 331 of the Penal Code),

active bribery (article 332 of the Criminal Code) or indirect bribery (section

333 of the Criminal Code).



§ 12



The limitation of criminal liability



On the prescription of the criminal liability of legal persons shall apply mutatis mutandis to section 34

of the criminal code.



section 13 of the



Exclusion of limitation



The expiry of the limitation period does not terminate the criminal responsibility for a crime

a terrorist attack (section 311 of the Criminal Code), if it has been committed by

such circumstances constitutes a war crime, or a crime against

humanity according to the rules of international law.



PART THREE



SANCTIONS AND PROTECTIVE MEASURES



TITLE I OF THE



GENERAL PROVISIONS



§ 14



The adequacy of the sentence, and the protective measures



(1) in the determination of the type of sentence, and the Court shall take into account the assessments of the nature and

the seriousness of the offence, the circumstances of the legal entity, including its

existing work and its matrimonial property regimes; in doing so, shall take into consideration whether or not to

whether the legal person pursuing an activity in the public interest, which has

strategic importance for the replaceable or difficult national economy,

Defense or security. Furthermore, the Court takes account of the effect of a legal person

After the crime, in particular to any effective effort to compensate for the damage or

delete the other harmful consequences of the crime. Taking into account also the effects and

effects that can be expected from the punishment for future activity legal

of the person.



(2) protective measures cannot be a legal person save, unless a reasonable

the nature and severity of the crime committed, as well as its conditions.



(3) when you save the criminal sanctions, the Court shall take into account the consequences that

You may have to save them to third parties, in particular taking into account the law of the

interests of the people damaged the criminal offence and the creditors of the legal

persons whose claims against the criminally responsible legal entity

incurred in good faith and have no origin or are not related to the criminal offence

of the legal entity.



§ 15



Types of sentences and protection measures



(1) for offences committed by a legal person can only save these

penalties



and abolition of legal persons)



(b)) the confiscation of property,



(c)) a financial penalty,



d) forfeiture of things



(e) the prohibition of activities)



(f)) the prohibition on public contracts, participation in the concession or

public competition,



(g) the prohibition on receiving subsidies and) subsidies,



h) publication of the judgment.



(2) For offences committed by a legal person can be saved as a trade

the measure will prevent things.



(3) a legal person may be imposed penalties and protective measures referred to in

paragraphs 1 and 2 separately or side by side. However, you cannot save cash

the penalty in addition to the confiscation of property and the punishment of confiscation of the things next to prevent

the same things or other property values.



TITLE II



SAVING THE INDIVIDUAL TYPES OF PENALTIES



section 16 of the



The abolition of a legal person



(1) the Court may impose the penalty of revocation of a legal person to a legal person, the

based in the Czech Republic if its activity consisted in whole or

mainly in the perpetration of a criminal offence or criminal offences. Cancellation penalty

the legal entity cannot be saved, if the nature of the legal entity.



(2) If a legal person, the Bank, the Court may impose the penalty of cancellation

a legal person to the expression of the Czech National Bank to options and

the consequences of the imposition of that; This representation, the Court will take into account. Similarly,

the first sentence shall apply in respect of an insurance undertaking, a reinsurance undertaking, the Pension Fund,

the investment company, investment fund, investment firm's


securities, savings and credit cooperatives, CSD,

electronic money institutions, credit institutions,

the securities settlement system and market operator investment instruments.



(3) If a legal person, the commodities exchange, the Court may impose a sentence

the abolition of a legal person to the observations of the competent authority of the State

the Administration, which awarded the State permit to operate a stock exchange by another

legislation, the possibilities and implications of his store; This

the observations of the Court will take into account.



(4) the legal decision which was liable to a penalty of cancellation of a legal

person, this legal person shall enter into liquidation.



(5) from the assets of the legal person, which was liable to a penalty of cancellation of a legal

the person can be met the claims of creditors, unless it is an asset

for which it is due to its nature or nature or the nature of the

committed the offence out of the question.



§ 17



The confiscation of property



(1) the Court may impose the penalty of confiscation of property, condemns as a legal

the person of a particularly serious crime, which has gained for himself or other

or tried to gain property benefits.



(2) without the conditions of paragraph 1, the Court may impose the penalty of confiscation of property

only in the case that the criminal code save this sentence for committed

crime permits it.



(3) the confiscation of property affects the whole assets of the legal person or the

in part, the Court shall determine.



(4) If a legal person Is a bank or a foreign bank, whose branch

pursuing an activity in the territory of the Czech Republic on the basis of banking license

granted by the Czech National Bank or on the basis of the principle of single license

under another law, the Court may impose the penalty of forfeiture of

property to the expression of the Czech National Bank to options and consequences

save it; This representation, the Court will take into account. Similarly, the first sentence of

It's about the enterprises, branches of insurance undertakings, reinsurance undertakings, branches

reinsurance undertakings, the Pension Fund, investment company, an investment

the Fund, a trader with securities, the investment firm's branch

securities, savings and credit cooperatives, CSD,

electronic money institutions, branches of foreign institutions

electronic money, credit institutions, operators of securities settlement

system and market operator investment instruments.



section 18



Financial penalty



(1) the Court may impose a fine on a legal person, for it condemns

an intentional criminal act or offence committed through negligence. Save

financial penalty shall not prejudice the rights of the injured party.



(2) the daily rate shall be of at least 1 000 CZK 2 000 000 Czk and the most. When

determining the amount of the daily rate, the Court shall take into account the financial situation of the legal person.



(3) the provisions of § 17 para. 4 shall apply mutatis mutandis.



§ 19



Forfeiture of things



The Court may impose the penalty of confiscation to a legal person, including

confiscation of replacement value, under the conditions laid down by the criminal

code.



section 20



Prohibition of activities



(1) the Court may impose the penalty of disqualification to a legal person for one year

up to twenty years if the offence was committed in connection with this

activities.



(2) the provisions of § 17 para. 4 shall apply mutatis mutandis.



section 21



The ban on public contracts, participation in the concession or

public competition



(1) the Court may impose the penalty of prohibition of the performance of public contracts, participation in

the public works concession or a public contest to a legal person for one year

up to twenty years, if committed by a legal person of a crime in the

connection with the conclusion of contracts for the performance of public contracts or with

their transactions with participation in public procurement procedures on public procurement,

the public works concession or a public contest.



(2) the punishment of the prohibition of the performance of public contracts, participation in the concession procedure

or in a public contest as a separate sentence, the Court may impose,

If due to the nature and seriousness of the committed criminal offence

the imposition of any other punishment is not necessary.



(3) the punishment of the prohibition of the performance of public contracts, participation in the concession procedure

or in a public competition lies in the fact that the legal entity for

the performance of this punishment disables the specified range in the Court to conclude

agreement on public contracts, to participate in the procedure for the award of

public procurement, concession or public competition under

other legislation.



section 22



The prohibition on receiving subsidies and subsidies



(1) the Court may impose a sentence banning adoption subsidies and subsidies legal

person for one year to twenty years, if committed by a legal person

the offence in connection with the use or handling of the request for

the subsidy, subsidy, repayable financial assistance or contribution, with their

the provision or the use of, or the provision or use of

any other public aid.



(2) prohibition of subsidies and receive subsidies as a separate penalty may

the Court, when considering the nature and severity of the committed

the crime to save another penalty to achieve the purpose of punishment is not

should be.



(3) the punishment of the prohibition of receiving subsidies and subsidies lies in the fact that

legal person in the performance of this punishment prohibited in court

the determined range to apply for subsidy, subsidy, repayable

the financial bailout, posts or any other public support by

other legislation, as well as such subsidy, subsidy, repayable

the financial bailout, posts or any other public support

receive.



Article 23 of the



Publication of judgment



(1) the Court may impose the penalty of the publication of the judgment, the public needs to be

familiarize yourself with the convicting judgment, particularly as to the nature and

the seriousness of the offence, or if required by the interest in the protection

the safety of people or property, or the company. In doing so, the Court shall determine the

type of media outlet, in which the judgment is to be

made public, the extent of its publication and the period specified by the legal entity to

the publication of the judgment.



(2) the punishment of the publication of the judgment lies in the fact that the convicted legal

person leaves at his own expense a final conviction or his

defined part of the specified type in the Court to publish the public telecommunication

resource, with an indication of the data of a company or legal entity name

people and its offices. Information allowing identification of the natural person or

a legal entity that is distinct from the convicted legal person, as referred to

in the operative part of the judgment and in its statement of reasons must be before the publication

anonymised.



TITLE III



THE DEMISE OF THE SENTENCE



section 24



Limitation of enforcement of a sentence



Sentence imposed on a legal person cannot be enforced after the expiry of the limitation period,

that make



a) thirty years, in the case of a conviction the sentence imposed in the relative

at least 560 daily rates, or to the penalty of disqualification, prohibition

public contracts, participation in the concession or public

the competition, the prohibition on receiving subsidies and subsidies if their length is

at least 15 years of age,



(b)) for twenty years, in the case of a conviction the sentence imposed in the relative

at least 380 daily rates, or to the penalty of disqualification, prohibition

public contracts, participation in the concession or public

the competition, the prohibition on receiving subsidies and subsidies if their length is

at least 10 years,



(c)) for ten years, in the case of a conviction the sentence imposed in the relative

at least 200 daily rates, or to the penalty of disqualification, prohibition

public contracts, participation in the concession or public

the competition, the prohibition on receiving subsidies and subsidies if their length is

at least 5 years,



(d)) five years when sentencing for any other punishment.



§ 25



Exclusion of limitation



A sentence imposed for the crime of terrorist attack (section 311

of the Criminal Code), if it was committed in such circumstances that the

establishes a war crime or a crime against humanity according to the laws of the

of international law, shall not be limited.



TITLE IV



PROTECTIVE MEASURES



section 26



Prevents things



The Court may impose a legal person protective measure prevents things, including

prevents the replacement value or the prevents files and devices, or instead of

prevents things save the mangled stuff, delete a device

designation, or perform any other changes or restrictions on layout with things for

conditions laid down in the criminal code.



TITLE V OF THE



THE DISAPPEARANCE OF THE EFFECTS OF A CONVICTION



section 27 of the



The convicted legal person is treated as if it has not been convicted,

If a conviction since the legal power of the elapse of the time referred to in section

24.



PART FOUR



SPECIAL PROVISIONS FOR PROCEEDINGS AGAINST LEGAL PERSONS



section 28



Relationship to administrative tort



(1) the initiation of criminal proceedings against a legal person precludes the

the same deed was done against the same legal entity administrative

of the offence; This does not exclude the imposition of forced administration or other corrective

measures under other legislation.



(2) criminal proceedings against a legal person cannot begin, and if it was already

initiated, cannot continue and must be stopped, if the

an earlier tender for the same deed against the same legal person has ended

by a final decision of an administrative offense, and this decision was not

cancelled.



(3) if provided for in other legislation in matters of administrative offences


legal persons, the time limit for extinguishment of liability, shall not be counted in

its running time that is for the same deed led proceedings under

of this Act.



section 29



The local jurisdiction



If you cannot find the crime scene or if the Act was committed abroad which takes place

the management of the Court in whose district the accused legal person, has its registered office or in the

whose district has accused foreign legal person or your business

organizational folder; If you can't find these places or are

outside the territory of the Czech Republic, the court seised, the Court in whose area the Act came

show it.



section 30



Notice of the initiation and termination of criminal prosecution



(1) the initiation of criminal proceedings against a legal person shall inform the institution

active in criminal proceedings, the prosecution has begun, the competent authority

the public authority or person, that lead under other legislation

commercial register or other register specified by law, the registry, or

the registration authority responsible for granting the licence or permit to the activities of this

a legal person and the authority responsible for the supervision of such legal

person. These authorities or persons shall inform the President of the Chamber, and in the preparatory

the Prosecutor also control about final end of things.



(2) if dissolution or transformation of a legal person is required to write to the law

the specified register, registry, or evidence, it shall inform the President of the Chamber

public authority, which maintains such a registry, registry or register,

by the end of the enforcement proceedings.



section 31



Common control



(1) the accused legal person and the accused person is held

common control if their crimes are related, if

important reasons to do so. Joint management held a regional court, if

the proceedings take place at least one of the crimes. If they are

the perpetrators of the gravest criminal offence or the most severe criminal offences

the accused legal person and a natural person, held court, common control

that is the case against the accused to be held to a natural person.



(2) in the common action against legal and natural person

criminal liability of legal and natural persons being assessed separately.



(3) If they are to be in the course of joint action against the physical and

legal entity carried out acts of criminal proceedings in relation to both

for these persons, as a rule, shall be carried out in relation to the first person.



§ 32



Cancellation, termination and conversion of a legal person



(1) a legal person against whom criminal proceedings have been initiated, it is

obliged to inform the State Prosecutor and the proceedings before the

the Court, the presiding judge, that will be carried out acts aimed at its

cancellation, lapse or to converting, before performing these tasks,

otherwise, they are such acts invalid.



(2) a legal person against whom criminal proceedings have been instituted, cannot

be final until the end of the cancelled and cannot be

conversion, nor to its demise, except in the case where the consequences were

the disproportionate nature of the committed offence; in this case, the criminal

liability of a legal person against whom criminal proceedings have been initiated,

is transferred to the legal successor of this person. If the legal person

based on the limited duration, or to achieve a certain purpose, and at the time of the

the initiation of criminal prosecution has expired, on which it was founded,

or filled with the purpose for which it was founded, staring back at her from the

time, as would be established for an indefinite period.



(3) whether the legal person may be cancelled and that may occur to her

conversion, or to its demise, shall, on application of the legal

a person or other authorized persons in pre-trial judge and in control

before the Court of the President of the Senate.



(4) If the Prosecutor and in the proceedings before the Court the presiding judge does not give

the competent court to declare invalid the acts leading to the

cancellation, termination of or the conversion of a legal person, the invalidity of the decision on the

approval of conversion of a legal person, or the invalidity of the conversion project for the

conditions laid down by other legislation, looking at these acts of

as valid.



(5) prior to a decision pursuant to paragraph 3, the judge may, and in the proceedings before the

the Court of the President of the Senate, in order to save the legal person within the prescribed period

passed to specified account by a set amount corresponding to the amount of

the anticipated financial penalty or to provide another guarantee. On

the duration of these measures and the handling of compound amount shall apply mutatis mutandis

section 73a of the paragraph. 5 the first sentence and paragraph 1 of section 73a. 6 to 9 of the code of criminal procedure.



(6) the decisions referred to in paragraphs 3 and 5 is permissible

the complaint, which, in the case of a decision referred to in paragraph 3 shall not have suspensory

effect.



(7) the Limitations provided for in paragraphs 1 and 2 and the decision referred to in paragraph 3 is not

without prejudice to the powers of the competent authority to withdraw the legal entity, against

that is a criminal prosecution, authorization or other permission to

activities and to propose the abolition of the legal person by another legal

prescription.



(8), mutatis mutandis, in accordance with paragraphs 1 to 7 shall be applied, even if it has

result in revocation, dissolution or transformation of the legal person in the enforcement

control.



(9) the public authority or person, that lead under other laws,

regulations of the commercial register or other register specified by law, the register

or register of legal persons, the cancellation or the transformation of written legal

a person in such a register, registry, or evidence, or not to

its deletion without a permit referred to in paragraph 3, unless the cancellation or

conversion of legal persons seen as valid in accordance with paragraph 4.



(10) If any of the conditions is not met, the PII in accordance with paragraphs

1 to 9 of the cancellation or the transformation of a legal person, the legal person does not expire.



(11) the conversion for the purposes of this Act, a merger, amalgamation or

the Division of legal persons, the transfer of assets to the partnership, to change the legal

forms of legal persons or legal entities to transfer

abroad.



§ 33



Precautionary measures



(1) if there is a reasonable concern that the accused legal person will do

in the manner specified in § 67 (a). (c)) code of criminal procedure, may already in the preparatory

management of the judge on the proposal of the public prosecutor, and in the proceedings before the Court

the President of the Senate of the accused legal person to temporarily suspend the performance of the

one or more subjects or save activity limitation management

the property of the legal person; in doing so, shall take into account the consequences that

Save the protective measure may have on third parties.



(2) the President may, for important reasons of the Senate, and in preparatory proceedings

State representative on a proposal from the legal entity concerned to enable the implementation of

the Act, which applies to property that is subject to precautionary measures

referred to in paragraph 1. If the State fails to comply with the proposal of the representative of a legal person

in the first sentence, shall be not later than 5 working days from the

service to submit to the decision of the judges; about this procedure shall inform the

the legal person concerned.



(3) the President of the Senate and in preliminary proceedings the State Prosecutor hedge

the measure cancels or is restricted, if not for the purposes of the proceedings

or not needed in the determined range.



(4) the decision referred to in paragraph 1, which was a legal person temporarily

suspended the performance of one or more subjects of activities as well as

the decision on the revocation or limitation of this protective measure,

shall send without delay to the authority or granting other

permission to the activities of the accused legal person and, in the case of a legal

the persons referred to in § 17 paragraph 2. 4 also the Czech National Bank.



(5) a legal person, which was imposed precautionary measures according to the

paragraph 1, shall have the right at any time to request a cancellation or limitation of collateral. About

such a request must decide without delay. If the application is rejected,

It may be a legal entity, unless new reasons, repeating until after the

the expiration of 30 days from the decision. If such a request does not comply with the

the preliminary proceedings, the Prosecutor shall, not later than 5

working days from receipt of the decision to submit to the judges; about this

the procedure shall inform the legal person concerned.



(6) the decisions referred to in paragraphs 1 to 5 shall be admissible

the complaint, which, in the case of a decision on revocation or limitation

protective measure or allow the Act referred to in paragraph 2 shall not have suspensory

effect.



§ 34



Acts of legal persons



(1) A legal person is in control of the acts of the person who is authorized by

in the proceedings before the Court under the code of civil procedure. This person must

prove your permission to do the acts as a legal person.



(2) a legal person may choose to use an agent. The representation is

shows a written power of attorney. Power of attorney may be given orally to

Protocol. In the proceedings the accused legal person may have at the same time only

one agent.



(3) in proceedings for the legal person may do acts at the same time only one

person.



(4) acts in the proceedings could not Be the person who is the accused, the victims

or a witness in the same case. If it is detected in the course of the proceedings, this

the fact the President of the Senate and in preliminary proceedings, the Prosecutor shall invite the


a legal person, in order to determine to carry out operations in the next control another

person; to determine such persons it shall specify the period, usually at a length of 7 days.



(5) if the person referred to in paragraph 4, within the time limit specified or

legal person does not have a person do the acts in the proceeding, or

a legal entity or its agents demonstrably cannot be delivered

the documents, President of the Chamber and the pre-trial judge shall designate a

the legal entity of the guardian. You can appoint a guardian of the person only with

its consent. You cannot designate a guardian of the person, which can be

It is reasonable for it to have such a stake in the outcome of the proceedings, which justifies the

concern that will properly protect the interests of a legal person. Resolution on the

the provisions of the guardian shall be notified to the person who is appointed

guardian, or if the nature of the case, whether or not a legal entity.



(6) the person referred to in paragraph 1, the representative and guardian in the proceedings

the same rights and obligations as the one against which the results of criminal proceedings.



(7) If a person fails to appear as referred to in paragraph 1, where appropriate, the agent

the accused legal person or guardian the trial without proper

apologies, the trial court may make in their absence, if it was

the indictment accused legal person duly served, if it was on time and properly

summoned to the trial, if it complied with the provisions of the initiation

the prosecution and the accused legal person has been advised of the possibility of

review the file and to make proposals for investigation of the supplement.



(8) If a legal person of the agent or if he was her guardian,

the document specified by the legal person is delivered only to the agents

or guardian, if the criminal procedure code provides otherwise.



§ 35



Defense Attorney



(1) the provisions of § 34 does not affect the right of the accused legal person on

defence.



(2) for the accused legal person shall not apply the provisions of the criminal

the order of necessary defence.



section 36



The summons, the demonstration and riot fine



(1) If a person who makes a legal person acts pursuant to § 34,

without sufficient justification, it may be performed, if it has been duly

summoned to appear.



(2) If a person who makes a legal person acts pursuant to § 34

paragraph. 1, 2, or 4, over a previous admonition cancels the proceedings or to

the Court, Prosecutor or police authority behaves offensively, or

If without sufficient excuse disobeying or comply with the request,

It has been made under the criminal code or under this Act, it may

be a legal entity, which he represents, the President of the Senate, and in the preparatory

proceedings by the public prosecutor or police authority imposed riot

a fine of up to 500 000 CZK. If he is meeting referred to in the first sentence

the guardian, he can be fined up to save $ 50,000.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect. The decision of the complaint shall apply by analogy to § 146a

the criminal procedure code.



§ 37



Hearing and speech in the main proceedings and in the public meetings of the



(1) if the common proceedings against natural and legal person,

you will hear the trial and an open meeting first physical

person, and then the representative of the legal person.



(2) when the final talk talking after the final speech of the public prosecutor,

the victim, of the person concerned, or after their zmocněncích, advocate

a legal entity, then the representative of the legal person, natural person, and

a natural person. The last word of the first representative of a legal person shall deliver an

and then the natural person.



§ 38



The performance penalty of cancellation of a legal person



(1) Once the judicial decision, which has been sentenced

the abolition of a legal person, the President of the Chamber's performance. In regulation

the sentence shall appoint a liquidator. A legal person shall enter into

liquidation on the date of the legal force of conviction, which has been saved

the penalty of revocation of a legal person. A legal person registered in the commercial

register or in another specified by law register, registry, or

record expires on the date of erasure from the register, the register or registers,

If another law provides otherwise.



(2) the liquidation of a legal entity in the exercise of the cancellation penalty

a legal person shall proceed pursuant to other legislation relating to the

liquidation of a legal person the Court repealed, unless otherwise provided by this law

otherwise.



(3) the President of the Chamber may, at the request of the person, which, on a legitimate

interest, or without an application, unless another law provides otherwise,

appeal of the liquidator, in breach of its obligations, and replace it with another

person.



§ 39



Punishment of the prohibition of the performance of public contracts, participation in the concession procedure

or in a public contest



On the punishment of the prohibition of the performance of public contracts, participation in the public works concession

proceedings or in a public competition shall be used mutatis mutandis the provisions of § 350

the criminal procedure code on the execution of the penalty of disqualification.



section 40



The sentence banning adoption subsidies and subsidies



On the punishment of the prohibition on receiving subsidies and subsidies shall be used

the provisions of § 350 of the code of criminal procedure the performance penalty of disqualification.



§ 41



Imprisonment of the publication of the judgment



(1) Once the judicial decision, which has been sentenced

the publication of the judgment, shall invite the President of the Senate of the convicted legal person,

to keep it at its own expense and within a specified period and at a specified range published

in it specified the kind of public media outlet.



(2) Does the convicted legal person, the judgment in the manner referred to

in paragraph 1, the President of the Chamber shall decide on the imposition of the fine

500 000 CZK. This riot is punishable by a fine, even repeatedly, up

by the time of fulfilment of the obligations imposed.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect.



PART FIVE



SPECIAL PROVISIONS ON PROCEDURES FOR INTERNATIONAL JUDICIAL COOPERATION IN

CRIMINAL MATTERS



§ 42



Request



(1) If a legal person Has its seat in the territory of the United States, for the purposes of

the law on international judicial cooperation in criminal matters with

considered to be a person who is a citizen of the United States or has at its

the territory of permanent residence.



(2) the provisions of part five title VI of part 1 of the Act on international judicial

cooperation in criminal matters of recognition and enforcement of a decision of another

the Member State imposing the financial penalty or other monetary

in the Czech Republic are used on the decision of another Member State

pointing to a legal person that has its registered office in the Czech Republic

or property. The final decision of the Court of the United States imposing

pecuniary sanction or other cash transactions can be subject to conditions

listed in part five, title VI Part 2 of the Act on international judicial

cooperation in criminal matters be sent to another Member State, which

You can reasonably assume that on its territory, this legal person

registered office or property.



(3) the provisions of title IX of part five of the Act on international judicial

cooperation in criminal matters shall not apply. ".



§ 43



cancelled



§ 44



cancelled



§ 45



cancelled



§ 46



cancelled



§ 47



cancelled



PART SIX



The EFFECTIVENESS of the



§ 48



This Act shall take effect on 1 January 2000. January 2012.



Němcová in r.



Nečas in r.