Act No. 183 / 2016 Coll.

Act amending Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons, as amended

Valid Law Effective from 01.12.2016
183
THE LAW
of 24 May 2016
amending Act No. 418 / 2011 Coll., on criminal liability and proceedings against legal persons, as amended
Parliament has decided on this law of the Czech Republic:
Čl. I
Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons, as amended by Act No. 105 / 2013 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll., Act No. 375 / 2015 Coll. and Act No. 135 / 2016 Coll., is amended as follows:
1. In § 4 (1) of the Code, the words "forgery and alteration of money (§ 233 of the Criminal Code), the provision of falsified and altered money (§ 235 of the Criminal Code), the production and other inhuman and cruel treatment (§ 149 of the Criminal Code), the forgery and amendment of the Criminal Code (§ 236 of the Criminal Code), the dissolution of the Republic (§ 233 of the Criminal Code), the terrorist attack (§ 311 of the Criminal Code), the destruction of the Republic (§ 236 of the Criminal Code), the terrorist attack (§ 311 of the Criminal Code), the terrorist act (§ 312 of the Criminal Code), the terrorist act (§ 236 of the Criminal Code of the Criminal Code), the criminal Code of the Code of Criminal Code of Criminal (§ 236 of the Criminal Code), and the Code of Criminal Code of the Civil Code).
2. Article 7, including the title, reads:
„§ 7
Offences
Criminal acts are for the purposes of this Act, crimes or offences listed in the Criminal Code, except for crimes of murder (§ 141 of the Criminal Code), the murder of a newborn child by a mother (§ 142 of the Criminal Code), participation in suicide (§ 144 of the Criminal Code), the violation of the Criminal Code (§ 338 of the Criminal Code), the abuse of persons living in a common habitation (§ 199 of the Criminal Code), the violation of the rules of competition (§ 248 (2 of the Criminal Code), the deprivation of the State and of an international law (§ 199 of the Criminal Code), the Code), the violation of competition rules of the law (§ 248 (§ 321 of the Criminal Code), the Code of Criminal Law (§ 321 of Criminal Law), the State and of the State and the International Criminal Code (§ 315 of Criminal Code).
3. In Paragraph 8 (1), the words "on its behalf or 'are deleted.
4. In Article 8 (1) (a), the words "in a leading position within a legal person 'shall be inserted after the words" person'.
5. in Paragraph 8 (1) (b), the words "he who" shall be replaced by the words "the person in charge within the legal person who."
6. In Article 8, the following paragraph 5 is added:
"(5) A legal person shall be acquitted of the criminal liability referred to in paragraphs 1 to 4 if he has made all the effort he has made to ensure that the person referred to in paragraph 1 is prevented from committing the offence. ';
7. In Article 11 (2), the words "involving in insolvency proceedings (Section 226 of the Criminal Code), infringement of competition rules pursuant to § 248 (1) (e) of the Criminal Code, negotiation of an advantage in the award of a public contract, in a public tender and in a public auction pursuant to § 256 (3) or (4) of the Criminal Code, in a public procurement procedure and in a public tender pursuant to § 257 (1) (b) or (c) of the Criminal Code, in a public auction pursuant to § 258 (1) (b) or (c) of the Criminal Code," shall be inserted after the word "act.
8. Paragraph 13, including the title, reads:
„§ 13
Exclusion from limitation
The passing of the statute of limitations will not result in criminal liability
(a) for the offences referred to in the special section of Title 13 of the Criminal Code, with the exception of criminal offences, the establishment, support and promotion of a movement aimed at suppressing the rights and freedoms of man (Section 403 of the Criminal Code), the expression of sympathy for a movement aimed at suppressing the rights and freedoms of man (Section 404 of the Criminal Code) and the denial, questioning, approving and justifying genocide (Section 405 of the Criminal Code),
(b) for the offences of disintegration of the Republic (§ 310 of the Criminal Code), terrorist attack (§ 311 of the Criminal Code) and terror (§ 312 of the Criminal Code), where they have been committed in such circumstances as to constitute a war crime or a crime against humanity under international law. "
9. Paragraph 25, including the title, reads:
„§ 25
Exclusion from limitation
The execution of the sentence imposed on the offences referred to in Article 13 shall not be barred. ';
Čl. II
Efficacy
That law shall take effect on the first day of the sixth calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.

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Regulation Information

CitationAct No. 183 / 2016 Coll., amending Act No. 418 / 2011 Coll., on criminal liability and proceedings against legal persons, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation13.06.2016
Effective from01.12.2016
Effective until-
Status Valid
The regulation text is for informational purposes only.
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