Looking for the purpose of sanctioning of legal persons

Abstract

The contribution deals with the partial issue of the criminal liability of legal persons, more precisely looking for the purpose of sanctioning of legal persons. The criminal liability of legal persons was adopted into the czech legal order by the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, as amended. Unfortunately, the czech legislator did not define the purpose of sanctioning of legal entities which has to be seeking by the criminal law science and analogy. The contribution is devided in four main sections completed by introduction and conclusion. The first section focuses on sanctioning of legal entities de lege lata. The second part explores the purpose of sanctioning of legal persons de iure and de facto. The third part focuses on the legal regulation of the criminal liability of legal persons in the Slovak republic. The fourth section points out an uniqueness of discretion of the public interest in accordance to enforcing the criminal liability of legal entities. There are the considerations and proposals de lege ferenda in conclusion too.