In February 2017, the Municipal Court in Prague discontinued prosecution of a company suspected of having committed a criminal offense. The reason was that the company had its own ethic code.
Legal entities today can commit any of the criminal offenses specified in the special part of Act No. 40/2009 Coll., the Criminal Code, except for those specified in the provisions of Section 7 of the Corporate Criminal Liability Act. The list includes both crimes committed willfully and from negligence.
Legal entities may prevent from their own criminal liability for committing otherwise illegal acts, mainly by having introduced appropriate internal rules – the so called compliance program.
The compliance program should contain at least the rules against
– unfair competition
– all forms of discrimination at work.
The program also concerns the issues of safety and health protection at work and data privacy including personal data.
Do you already have your compliance program?