Chapter 14 Liability of Legal Persons for Criminal Offences
Article 125
Limits of Liability of Legal Person
(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 is not criminally liable for the perpetrated criminal offence.
(2) Liability of the legal person shall not exclude criminal liability 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.
Chapter 14 Liability of Legal Persons for Criminal Offences
Article 128
Continued Criminal Offence and Criminal Liability of Legal Person
Where the same grounds for liability of the legal person exist in regard to several same-type and time-related criminal offences perpetrated by several perpetrators, such legal person shall be criminally liable as if a single criminal offence has been perpetrated.
Chapter 14 Liability of Legal Persons for Criminal Offences
Article 129
Complicity of Legal Persons
(1) In the event that two or more legal persons are found to have partaken in the perpetration of a criminal offence, each shall be subject to liability pursuant to Article 124 (Basis of Liability of a Legal Person) of this Code.
(2) Where there is complicity of legal persons referred to in paragraph 1 of this Article, each legal person shall be held accountable as if it were the only legal person criminally liable for the criminal offence.
Chapter 14 Liability of Legal Persons for Criminal Offences
Article 30
General Reasoning for Less Severe Punishment of Legal Person or Release from Punishment
(1) A legal person, whose managerial or supervisory authority has willingly reported on the perpetrator upon a criminal offence perpetrated, may be punished less severely.
(2) A legal person whose managerial or supervisory authority, following the perpetration of a criminal offence, decides to return the illegally obtained property gain or to remove the caused harmful effects or to communicate the information concerning the grounds for holding the other legal persons responsible, may be released from punishment.
Chapter 14 Liability of Legal Persons for Criminal Offences
Article 132
Fines for Legal Persons
(1) Fines imposable on a legal person shall be no less than 5.000 KM and shall not exceed 5.000.000 KM.
(2) In the event that, by perpetrating the criminal offence, the legal person has caused property damage to another party or the legal person has come into possession of an unlawful property gain, the scope of the imposed fine may be twice as much as the amount of this damage or benefit.
(3) If a fine is not paid within the deadline set forth in the verdict, the procedure for forcible collection shall be implemented immediately.
Chapter 14 Liability of Legal Persons for Criminal Offences
Article 143
Laws Prescribing the Criminal Offences of Legal Persons
Legal persons may be held criminally liable for criminal offences defined in this Code and other criminal offences defined by a law of Bosnia and Herzegovina.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.