2012-01-20
Act No. 418/2011 Coll. on criminal liability of legal entities and on proceedings against legal entities is effective from 1 January 2012.
http://www.finance.cz/zpravy/finance/335236-firmy-budou-od-roku-2012-trestne-odpovedne-snemovna-prehlasovala-veto-prezidenta/
The corporate criminal liability applies, among others, to the following criminal acts specified in the Criminal Code:
- Unauthorised access to a computer system or a data carrier (Section 230 of the Criminal Code);
- Procurement and keeping of a computer system access device and password and other such data (Section 231 of the Criminal Code),
- Causing damage to a record in a computer system or on a data carrier and intervention into the computer equipment by negligence (Section 232 of the Criminal Code),
- Misrepresentation of financial standing data and property data (Section 254 of the Criminal Code), issue of untrue confirmation and report (Section 259 of the Criminal Code),
- Violation of copyrights, rights related to copyrights and database rights (Section 270 of the Criminal Code),
The legal entities would be subject to high penalties, forfeiture of property, a ban on participating in public tenders, and a ban on receiving subsidies or even dissolution.
According to the new rules, the legal entities will have to analyse their decision-making and control processes, the content of rules they follow and the decisions themselves from the viewpoint of the new criminal risks.