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SOME GUARANTEES REGARDING CRIMINAL PROCEEDINGS APPLICABLE …
Criminal Law,
26
the Criminal Law Convention on Corruption
27
(hereinafter referred
as “Convention No. 173”), and the Convention on Laundering, Search, Seizure
and Confiscation of the Proceeds from Crime and on the Financing of Terrorism
28
(hereinafter referred as “Convention No. 198”). In addition, the Council issued
a few recommendations on different types of crimes, namely Resolution (77)
28 on the contribution of criminal law to the protection of the environment,
29
Recommendation No. R (81) 12 on economic crime,
30
and Recommendation No.
R (82) 15 on the role of criminal law in consumer protection.
31
The most detailed as
to the issue of the criminal liability of legal persons is the Committee of Ministers’
Recommendation No. R (88) 18
32
on liability of enterprises, which envisages that
criminal liability and sanctions have to be applicable directly to enterprises, where
the nature of the offence and the degree of fault of the legal entity so require.
Criminal liability of legal entities in the Council of Europe Member States
No.
Member State of
the Council of
Europe
Year from
which a legal
person may
be held liable
for criminal
offences *
Date of entry
into force
of Protocol
No. 7
Date of entry
into force of
Convention
No. 173
Date of entry
into force of
Convention
No. 198
1.
Albania
2007
1/1/1997
1/7/2002
1/5/2008
2.
Andorra
1995
1/8/2008
1/9/2008
not in force
3.
Armenia
No liability
1/7/2002
1/5/2006
1/10/2008
4.
Austria
2006
1/11/1988
not in force
not in force
5.
Azerbaijan
2012
1/7/2002
1/6/2004
not in force
6.
Belgium
1999
1/7/2012
1/7/2004
1/1/2010
7.
Bosnia and
Herzegovina
2003
1/10/2002
1/7/2002
1/5/2008
8.
Bulgaria
2005
1/2/2001
1/7/2002
1/6/2013
9.
Croatia
2003
1/2/1998
1/7/2002
1/2/2009
10.
Cyprus
1996
1/12/2000
1/7/2002
1/7/2009
11.
Czech Republic
2012
1/1/1993
1/7/2002
not in force
26
Convention on the Protection of the Environment through Criminal Law, Strasbourg, 4.XI.1998.
Available at
http://conventions.coe.int/Treaty/EN/Treaties/Html/172.htm.
27
Criminal Law Convention on Corruption, Strasbourg, 27.I.1999. Available at
http://conventions.coe.int/Treaty/en/Treaties/Html/173.htm.
28
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism, Warsaw, 16.V.2005. Available at
http://conventions.coe.int/Treaty/en/Treaties/Html/198.htm.
29
Resolution (77) 28, On the contribution of criminal law to the protection of the environment, adopted
by the Committee of Ministers on 28 September 1977.
30
Recommendation No. R (81) 12, On economic crime adopted by the Committee of Ministers on
25 June 1981.
31
Recommendation No. R (82) 15, On the role of criminal law in consumer protection adopted by the
Committee of Ministers on 24 September 1982.
32
Recommendation No. R (88) 18, Concerning liability of enterprises having legal personality for
offences committed in the exercise of their activities, adopted by the Committee of Ministers on
20 October 1988.