Přičitatelnost jednání jako základ trestněprávní odpovědnosti právnických osob v kontextu doktríny v členských státech EU
Attribution of conduct as fundament for the criminal liability of legal persons in the context of the coctrine in the EU Member States

Summary/Abstract: The present article deals with selected issues of the criminal liability of legal persons in the context of the legal doctrine approaches to the valid legal rules concerning this now as before very discussed topics. The paper focuses on one of the crucial questions regarding the criminal liability of legal person, i.e. attribution mechanisms of criminal acts to legal persons and/or the conditions therefore. The latter is examined in context with theoretical approaches of various authors of the legal doctrine in the EU countries serving for establishment of valid legal rules in national laws. After examining the requirements for the attribution, especially the mens rea requirement, the paper characterises briefly the theoretical framework of different attribution models in the EU Member States - the theory of vicarious liability (respondeat superion), the alter ego theory (identification model), the aggregation model theory and the organisational model (self-identity doctrine). In this con-nection it quotes examples of their reflection in the positive law of selected EU countries.

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