Cap. 9 Art. 190GCorporate liability for offences under this Sub-title. Cap. 12.

(1) Where any offence under this Sub-title is committed for the benefit, in part or in whole, of a body corporate by a person acting individually or as part of an organ of the body corporate, and having a leading position within the body corporate, based on:

(a) a power of representation of the body corporate,

(b) an authority to take decisions on behalf of the body corporate, or

(c) an authority to exercise control within the body corporate, such body corporate shall be liable to the payment of a fine (multa) of not less than twenty thousand euro (€20,000) and not more than two million euro (€2,000,000), which fine may be recovered as a civil debt and the sentence of the Court shall constitute an executive title for all intents and purposes of the Code of Organization and Civil

Procedure.

(2) A body corporate shall also be held liable for an offence under this Sub-title where the lack of supervision or control by a person referred to in sub-article (1) has made possible the commission of the offence, by any person under its authority, for the benefit of that body corporate, which shall upon conviction be liable to the punishment laid down in sub-article (1).

(3) Corporate liability pursuant to sub-articles (1) and (2) shall not exclude the possibility of criminal proceedings against natural persons who are perpetrators of the criminal offences referred to in articles 190C, 190D or 190E or who are criminally liable under article 190F.

(4) Without prejudice to the application of the punishments under sub-articles (1) and (2), where a body corporate is held liable pursuant to this article the following sanctions may simultaneously be applied:

(a) exclusion from entitlement to public benefits or aid;

(b) temporary or permanent exclusion from public tender procedures;

(c) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity;

(d) placing under judicial supervision;

(e) the compulsory winding up of the body corporate; or

(f) the temporary or permanent closure of establishments which have been used for the commission of the criminal offence.

(5) This article shall not apply to States or public bodies exercising State authority, or to public international organisations.