Liability of Legal Persons for Corruption in Eastern Europe and Central Asia / OECD.

Format:

Book

Author/Creator:

Organisation for Economic Co-operation and Development, author, issuing body.

Language:

English

Subjects (All):

Corruption--Law and legislation.

Corruption.

Physical Description:

1 online resource (90 pages) : illustrations

Place of Publication:

Paris : OECD Publishing, 2015.

Summary:

This cross-country report analyses the legislation on liability of legal persons for corruption and its enforcement in Eastern Europe and Central Asia. While the report focuses on twenty five countries participating in the Anti-Corruption Network for Eastern Europe and Central Asia (ACN), it also includes examples from OECD countries. The report is based on data provided by the ACN governments in the form of questionnaires. It also reflects the discussions and examples of good practiced that were presented during the meetings of the ACN law-enforcement network in 2014. Additional research was conducted to enrich the report with the data for the OECD countries. The majority of the report was prepared in 2014.

Contents:

Foreword

Acronyms.

About the thematic study

Introduction.

1. Criminal versus administrative liability

1.1. Terminological and historical background - 1.2. The state of play in ACN countries

1.3. Evaluating effectiveness - procedural aspects

1.4. Evaluating effectiveness - deterrence aspects

Conclusions

2. Models of corporate liability.

2.1. Historical background

2.2. Models of liability in ACN countries

2.3. The persons who can trigger corporate liability

2.3.1. Liability for the acts of a responsible person.

2.3.2. Liability for the failure to supervise

2.3.3. Liability for the action of a related person

2.3.4. Liability through the concept of corporate fault.

2.4. Connection between the legal person and its agent's misbehaviour

2.5. Autonomous liability

2.5.1. Autonomy vis-à-vis the human perpetrator.

2.5.2 Procedural autonomy.

3. The scope of corporate liability

3.1. Covered entities.

3.2. Covered offences

4. Corporate liability in practice

4.1. General practice

4.2. Prosecuting bribery

5. Sanctioning

5.1. Sanctions

5.1.1. Fine

5.1.2. Confiscation

5.1.3. Dissolution

5.1.4. Restriction of corporate rights

5.1.5. Publication of judgement

5.1.6. Civil law sanctions

5.2. Sentencing principles

5.2.1. Conditions for meting out punishment

5.2.2. Suspended sentence

5.2.3. Grounds for exemption from liability or punishment

5.3. Prosecutorial discretion

5.3.1. Availability in ACN countries

5.3.2. Advantages and risks

Notes

Policy recommendations

Bibliography.

Annex 1. Provisions on corporate liability in international legal instruments

Annex 2. Liability of legal persons (LP) for corruption offences in ACN and OECD countries

Tables

Table 1. Systems of corporate liability in ACN countries

Table 2. Models of corporate liability in ACN countries

Table 3. Legal persons prosecuted between 2010 and 2013

Table 4. Legal persons prosecuted for bribery between 2010 and 2013

Table 5. Natural persons prosecuted for bribery between 2010 and 2013

Table 6. Corporate fines prescribed for corruption offences in ACN countries

Table 7. Maximum fines ever applied to a legal person for a criminal offence

Table 8. Maximum fines applied to a legal person for bribery

Figures

Figure 1. Changes in the AS Merko companies' stock prices on the Nasdaq OMX Baltic.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

92-64-44103-4