Criminal Compliance Program as a Tool for Criminal Liability Exculpation of Legal Persons in the Czech Republic

Pavel Kotlán, Miroslav Ondrúš, Alena Kozlová (), Igor Kotlán, Pavel Petr and Radim Kalabis
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Pavel Kotlán: Department of Social Sciences, PRIGO University, 73601 Havířov, Czech Republic
Miroslav Ondrúš: Department of Social Sciences, PRIGO University, 73601 Havířov, Czech Republic
Alena Kozlová: Department of International and European Law, Palacký University Olomouc, 77900 Olomouc, Czech Republic
Igor Kotlán: Department of Social Sciences, PRIGO University, 73601 Havířov, Czech Republic
Pavel Petr: Department of Social Sciences, PRIGO University, 73601 Havířov, Czech Republic
Radim Kalabis: Department of Social Sciences, PRIGO University, 73601 Havířov, Czech Republic

Laws, 2023, vol. 12, issue 2, 1-15

Abstract: Criminal liability of legal entities has gained an inalienable place in the system of legal liability in most European jurisdictions, including the Czech Republic. Departing from the premise that it is a suitable supplement to the liability of a legal entity in the event of serious unlawful acts of natural persons from which the legal entity benefits, this article aims to characterize the position and role of this form of liability in the Czech legal system. Essentially, however, it seeks to determine under which circumstances it is possible for legal entities to be relieved of liability using an exculpatory clause. Based on a case study of the Czech Republic, it illustrates the added value of criminal compliance programs, which, if properly set up and implemented in practice and complemented by prevention, detection and response measures, play a decisive role in establishing such criminal exculpation. The article further finds that rules pertaining to ethical codes of conduct are in fact ‘elevated’ to the level of legal rules through compliance programs. Compliance, one of the components of Corporate Social Responsibility, thus becomes an expression of a legal obligation, i.e., the obligation to properly manage and control the corporation, which has important legal implications.

Keywords: compliance program; corporate criminal liability; exculpation of legal persons; code of ethics (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2023
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