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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 310IResponsibility of legal persons.

Sub-title IIIA

Van krachtOfficiële tekst

(1) Notwithstanding any other provision of this Code, where any offence referred to in article 310F or in article 310H is committed for the benefit of a legal person by any person, acting either individually or as part of an organ of the legal person, who holds a leading position within that legal person on the basis of one of the following:

(a) a power of representation of the legal person;

(b) an authority to take decisions on behalf of the legal person;

(c) an authority to exercise control within the legal person, said legal person who acts in that manner shall, on conviction, be liable to a fine (multa) of not less than twenty thousand euro (€20,000) and not more than two hundred thousand euro (€200,000).

(2) Sub-article (1) shall apply mutatis mutandis where the lack of supervision or control by a natural person referred to therein has made possible the commission of any of the offences referred to in article 310F or in article 310H for the benefit of the legal person by a person under its authority.

(3) Liability of legal persons pursuant to sub-articles (1) and (2) shall not exclude criminal proceedings against natural persons who are perpetrators or inciters of, or accessories to, any of the offences referred to in article 310F or in article 310H.

(4) Without prejudice and in addition to any penalty that may be imposed pursuant to the preceding sub-articles, any legal person for whose benefit any offence as referred to therein is committed may, on conviction, be liable to any or all of the following sanctions:

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

(b) temporary exclusion from access to public funding, including tender procedures, grants and concessions;

(c) temporary or permanent disqualification from the practice of commercial activities;

(d) placing under judicial supervision;

(e) judicial winding-up;

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

Wijzigingsgeschiedenis
  • Amended by LIII.2021.2