2008-10-27
Types of Penal Sanctions
Article 12
The following penal sanctions may be imposed against a legal person for the commission of criminal offences:
1) sentence;
2) suspended sentence;
3) security measures.
а) Sentences
Types of Sentences
Article 13
The following sentences may be imposed against a legal person:
1) fine;
2) termination of the status of a legal entity.
Fine and the termination of the status of a legal entity may be imposed solely as principal sentences.
Levels of Fines
Article 14
Fines shall be imposed in certain levels within the stipulated range of the smallest and the largest measure of fines.
A fine may not be less than a hundred thousand dinars nor may it exceed the amount of five hundred million dinars.
Fines shall be imposed in the following amounts:
1) from a hundred thousand to a million dinars for criminal offences punishable by imprisonment up to one year or by fines;
2) from a million to two million dinars for criminal offences punishable by imprisonment up to three years;
3) from two million to five million dinars for criminal offences punishable by imprisonment up to five years;
4) from five to ten million dinars for criminal offences punishable by imprisonment up to eight years;
5) from ten to twenty million dinars for criminal offences punishable by imprisonment up to ten years;
6) minimum twenty million dinars for criminal offences punishable by imprisonment of more than ten years of duration.
Determining the Size of a Fine
Article 15
The court of law shall determine the size of a fine for a legal person who has committed a criminal offence within the range provided for such offence by the law, taking into account the purpose of punishing and having regard to all circumstances relevant to the fine being higher or smaller (extenuating and aggravating circumstances), in particular: the degree of liability of the legal person for the commission of a criminal offence, the size of the legal entity, the position and the number of responsible persons within the legal entity who have committed a criminal offence, measures taken by the legal entity to prevent and detect a criminal offence and measures it took against the responsible person after the commission of a criminal offence.
Limits of Mitigation of Fines
Article 16
When conditions governing mitigation of fines exist the court shall reduce the size of fines within the following limits:
1) if the minimum sentencing measure for a criminal offence, as provided for by law, amounts to one million dinars, the fine may be reduced up to one hundred thousand dinars;
2) if the minimum sentencing measure for a criminal offence, as provided for by law, amounts to two million dinars, the fine may be reduced up to one million dinars;
3) if the minimum sentencing measure for a criminal offence, as provided for by law, amounts to five million dinars, the fine may be reduced up to two million and five hundred thousand dinars;
4) if the minimum sentencing measure for a criminal offence, as provided for by law, amounts to ten million dinars, the fine may be reduced up to five million dinars;
5) if the minimum sentencing measure for a criminal offence, as provided for by law, amounts to twenty million dinars, the fine may be reduced up to ten million dinars.
Where the court is empowered to exonerate a legal entity from punishment it may mitigate the respective punishment without any limits stipulated for the mitigation of fines referred to in paragraph 1 of this Article.
Determining the Size of a Fine in Concurrence of Criminal Offence
Article 17
Should a legal entity be held accountable for several criminal offences in concurrence, the court shall impose a single fine at the levels of the sum of punishments established, in so far as that it may not exceed the levels of five hundred million dinars.
If prison sentences of up to three years of service are specified for all criminal offences in concurrence, the single fine may not exceed the levels often million dinars.
Termination of Status of Legal Entities
Article 18
The sentence of termination of the status of legal entity may be imposed if the activity of the legal entity concerned was for the purposes of the commission of criminal offences, in its entirety or to a considerable extent.
Following the finality of a judgement imposing the sentence of termination of the status of a legal entity, the procedure of winding-up, bankruptcy or termination of a legal entity in a different manner shall be conducted.
A legal entity shall cease to exist by being deleted from the Register managed by a competent authority.
Exoneration from Punishment
Article 19
A legal entity may be exonerated from a punishment if it:
1) detects and reports a criminal offence before learning that criminal proceedings have been instituted;
2) on a voluntary basis or without delay removes incurred detrimental consequences or returns the proceeds from crime unlawfully gained.
b) Suspended Sentence Conditions for Imposing the Suspended Sentence
Article 20
The court may impose a suspended sentence on a legal entity for the commission of criminal offences.
By imposing a suspended sentence on a legal person the court shall determine a fine of the maximum amount of up to five million dinars, and concurrently it shall specify that the sentence shall not be enforced if the convicted legal person, during a period defined by the court that may not be shorter than one year and not longer than three years (probation period), is not held accountable for any criminal offence referred to in Article 6 of this Law.
In deciding whether or not to impose a suspended sentence, the court shall take into account, in particular, the degree of liability of the legal entity concerned for the commission of a criminal offence, the measures taken by the legal person to prevent and detect the criminal offence and the measures it took against the responsible person after the commission of the offence.
Revocation of Suspended Sentence due to New Criminal Offences
Article 21
The court shall revoke a suspended sentence if a convicted legal person under probation period is held accountable for one or several criminal offences for which the fine of five million dinars or of higher levels has been imposed on it.
If, under probation period, the convicted legal person is held accountable for one or several criminal offences for which the fine of less than five million dinars was imposed on it, the court shall, having assessed all circumstances relating to the committed criminal offences and the legal entity, in particular the relatedness of committed criminal offences and the significance thereof, decide whether or not it will revoke the suspended sentence. The court is, thereby, bound to the prohibition to impose a suspended sentence if the fine exceeding five million dinars (Article 20, paragraph 2) should be imposed on the legal person for criminal offences established in the suspended sentence as well as for new criminal offences.
If it revokes the suspended sentence, the court shall, by virtue of the provisions under Article 17 of this Law, impose a single sentence both for prior and new criminal offences, having regard to the punishment from the annulled suspended sentence as established.
If it does not annul the suspended sentence, the court may impose a suspended conviction or a sentence for a new criminal offence.
Should the court find that a suspended sentence should be imposed also for a new criminal offence it shall, by virtue of the provisions under Article 17 of this Law, determine a single sentence both for prior and new criminal offences, specifying a new probation period that may not be shorter than one year and longer than three years as of the day of finality of the new judgement. During the probation period, should the convicted legal person be held accountable for a criminal offence, the court shall revoke the decision on the suspended sentence and impose a sentence, by virtue of the provision of paragraph 3 of this Article.
Suspended Sentence with Protective Supervision
Article 22
The court may determine that the legal entity, on whom a suspended sentence has been imposed, may be placed under protective supervision for a specified period of time during the probation period.
The protective supervision may include one or several commitments as follows:
1) to organise control to prevent further commission of criminal offences;
2) to abstain from business activities if that could be an opportunity or encouragement for recommission of criminal offences;
3) to remove or alleviate the damage incurred by the commission of criminal offences;
4) to carry out work in the public interest;
5) to submit periodical reports on business operations to the authority competent for conducting the protective supervision.
c) Security Measures
Types of Security Measures
Article 23
The following security measures may be imposed for criminal offences which legal entities are liable for:
1) prohibition to practise certain registered activities or operations;
2) confiscation of instrumentalities;
3) the publicising of the judgement.
The court may impose on the liable legal person one or several security measures where conditions to impose them exist, provided for by law.
Security measures for the confiscation of instrumentalities or the publicising of the judgement may be imposed if the suspended sentence has been imposed on the liable legal person.
Prohibition to Practise Certain Registered Activities and Operations
Article 24
The court may forbid the liable legal entity to practise certain registered activities and operations in respect of which a criminal offence has been committed.
The measure referred to in paragraph 1 of this Article may be imposed for a period between one and three years as of the day of finality of the judgement.
Confiscation of Instrumentalities
Article 25
The instrumentalities used or were intended for use to commit a criminal offence or that derived from the commission of a criminal offence may be confiscated if they are in the possession of the legal entity concerned.
The instrumentalities referred to in paragraph 1 of this Article may be confiscated also where they are not in the possession of the legal entity concerned if so required for the purpose of the interests of overall safety and by reason of morals, but the right of a third party to compensation shall not be infringed thereby.
Mandatory confiscation of instrumentalities may be ordered by law.
Publicising of Judgements
Article 26
The security measure of publicising a judgement shall be imposed by the court if it found that it would be useful for the public to get acquainted with the content of the judgement, particularly if the publicising of the judgement would contribute to eliminating a danger to life or health of people or to protecting the general interest.
The court shall pass a decision, according to the significance of the criminal offence and the need for informing the public, on what kind of mass media the judgement will be publicised through, as well as whether the reasoning of the judgement will be publicised in its entirety or in extracts, taking into consideration that the manner of publicising should allow everyone, in whose interest the judgement is to be publicised, to be informed.
