'Criminal responsibility of legal persons' in document 'Finland - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1 - Scope of application of the criminal law of Finland

Section 9 - Corporate criminal liability

If, under this chapter, Finnish law applies to the offence, Finnish law applies also to the determination of corporate criminal liability.

Chapter 5 – On attempt and complicity

Section 8 – Acting on behalf of a legal person

(1) A member of a statutory body or management of a corporation, foundation or other legal person, a person who exercises actual decision-making power in the legal person or a person who otherwise acts on its behalf in an employment relationship in the private or public sector or on the basis of a commission may be sentenced for an offence committed in the operations of a legal person, even if he or she does not fulfil the special conditions stipulated for a perpetrator in the statutory definition of the offence, but the legal person fulfils said conditions.

(2) If the offence has been committed in organised activity that is part of an entrepreneur’s business or in other organised activity that is comparable to the activity of a legal person, the provisions in subsection 1 on an offence committed in the operations of a legal person correspondingly apply.

(3) The provisions of this section do not apply if different provisions elsewhere apply to the matter.

Chapter 9 - Corporate criminal liability

Section 1 - Scope of application

(1) A corporation, foundation or other legal entity1 in the operations of which an offence has been committed shall on the request of the public prosecutor be sentenced to a corporate fine if such a sanction has been provided in this Code for the offence. (441/2011)

(2) The provisions in this chapter do not apply to offences committed in the exercise of public authority.