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New Penal Code for legal entities

THE JUSTICE Ministry's amendment to the Penal Code will establish the criminal responsibility of legal entities or their successors, the private news agency SITA reported.

According to the current Penal Code, only individuals can be prosecuted for criminal activity.

Richard Fides, spokesman of the Justice Ministry, said that under the amendment, a legal entity would be committing a criminal offence if it allowed its representatives to break the law in its name or in its favour. It would also be liable if found to be acting in violation of its statutes, neglecting required caution, or enabling a criminal offence by insufficient control or mismanagement.

Legal entities may be fined from Sk500,000 (€12,065) to Sk500 million (€12 million) or banned from further operation for violations. If there is evidence that a legal entity acquired property through criminal activities, and if the legal entity cannot prove the legitimate origin of its property, a court may order its confiscation.

An exemption from criminal responsibility applies to the government and its agencies, municipalities and regional governments.

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