CYIL Vol. 4, 2013

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. 2. 3. 4. 5. 6. 7. 8. 9.

Albania Andorra Armenia Austria

2007 1995 2006 2012 1999 2003 2005 2003 1996 2012

1/1/1997 1/8/2008 1/7/2002 1/11/1988 1/7/2002 1/7/2012 1/10/2002 1/2/2001 1/2/1998 1/12/2000 1/1/1993

1/7/2002 1/9/2008 1/5/2006

1/5/2008

not in force 1/10/2008 not in force not in force

No liability

not in force 1/6/2004 1/7/2004

Azerbaijan

Belgium

1/1/2010 1/5/2008 1/6/2013 1/2/2009 1/7/2009

Bosnia and Herzegovina

1/7/2002 1/7/2002 1/7/2002 1/7/2002 1/7/2002

Bulgaria Croatia Cyprus

10. 11.

Czech Republic 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.