JUDr. Jakub Chromý, Ph.D., public prosecutor, Analytical and Legislative Department, Supreme Public Prosecutor’s Office, email: JChromy@nsz.brn.justice.cz
Mgr. Jitka Logesová, analyst, Supreme Public Prosecutor’s Office, email: JLogesova@nsz.brn.justice.cz
In the presented article, we focus on selected criminal cases, in which the conditions for the exculpation of a legal person were applied in the phase following the filing of an accusation with reference to Section 8(5) of Act No. 418/2011 Coll., on the Criminal Liability of Legal Persons and Proceedings against Them, as amended (hereafter “CLLP”), and which we find interesting due to reasons explained in greater detail. These are new cases in the sense that prior to the amendment introduced by Act No. 183/2016 Coll., cases of legal person exculpation pursuant to Section 8(2)(b) of CLLP were registered (as a part of the negative condition of imputability), i.e. against a category of employees and persons in a similar position, who have committed a criminal offence imputable to a legal person despite certain control and supervisory measures taken by such legal person. Thus, it is possible to start from the knowledge and evolution of concrete cases, in which the institute of the exculpation of a legal person of criminal liability directly reflected itself in the form of a general exculpatory reason.