The Current Issue of Criminalisation of Legal Persons. Considerations de Lege Lata and de Lege Ferenda
JUDr. Olga Sovová, Ph.D., Department of Social Work of the University of Hradec Kralove
prof. JUDr. Dagmar Císařová, DrSc., Faculty PA security legislation of the Czech Republic in Prague, Department of Criminal Law
The paper deals with the criminal responsibility of legal persons by the method of historical interpretation and the interpretation from the general to the specific. The introduction summarizes the views of the Czech doctrines on the criminal responsibility of legal persons and its application in the Czech law. This article also points out the problems that need to be addressed in the context of the new codification of private law. Attention is paid to the responsibility of the provider of health care and potential imputability of this responsibility to the medical institution. In the context of new legislation business corporations and thrift care, the issue of minor´s responsibility is discussed in case the responsibility was granted the minor by a court decision. The conclusion of the article deals with the proposals for the amendment of the law on the currently discussed as the criminal liability of legal persons.
Key words: criminal responsibility, imputability, legal entity, person, minor, business corporation, statutory body, health care provider.