Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

GENERAL PART

XIV C H A P T E R F O U R T E E N
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES

Territorial Applicability of this Code regarding Criminal Liability of Legal Person
Article 123

(1) Domestic and foreign legal persons shall, pursuant to this Code, be liable for offences perpetrated within the territory of Bosnia and Herzegovina.
(2) Domestic and foreign legal persons shall, pursuant to this Code, also be liable for a criminal offence perpetrated outside the territory of Bosnia and Herzegovina if the legal person has its seat in the territory of Bosnia and Herzegovina or if it carries out its activities in the territory of Bosnia and Herzegovina, if the offence was perpetrated against the State of Bosnia and Herzegovina, its citizens or domestic legal persons.
(3) Pursuant to this Code a domestic legal person shall also be liable for a criminal offence perpetrated outside the territory of Bosnia and Herzegovina against a foreign state, foreign citizens or foreign legal persons, subject to the conditions referred to in Article 9 (Applicability of Criminal Legislation of Bosnia and Herzegovina for Offences Perpetrated Outside the Territory of Bosnia and Herzegovina) of this Code.

Basis of Liability of a Legal Person
Article 124

For a criminal offence perpetrated in the name of, for account of or for the benefit of the legal person, the legal person shall be liable:

a) When the purpose of the criminal offence is arising from the conclusion, order or permission of its managerial or supervisory bodies; or
b) When its managerial or supervisory bodies have influenced the perpetrator or enabled him to perpetrate the criminal offence; or
c) When a legal person disposes of illegally obtained property gain or uses objects acquired in the criminal offence; or
d) When its managerial or supervisory bodies failed to carry out due supervision over the legality of work of the employees.

Limits of Liability of a Legal Person
Article 125

(1) With the conditions referred to in Article 124 (Basis of Liability of a Legal Person) of this Code, a legal person shall also be liable for a criminal offence when the perpetrator not guilty for the perpetrated criminal offence.
(2) Liability of the legal person shall not exclude culpability of physical or responsible persons for the perpetrated criminal offence.
(3) For criminal offences perpetrated out of negligence, a legal person may be liable under the conditions referred to in Article 124, item d) of this Code, and in that case the legal person may be punished less severely.
(4) When in the legal person except from the perpetrator there is no other person or body that could direct or supervise the perpetrator, the legal person shall be liable for the criminal offence within the limits of the perpetrator’s liability.

Keywords

Criminal responsibility of legal persons



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