Criminal responsibility of legal persons

Estonia

Estonia - Penal Code 2001 (2020) EN

Part 1 GENERAL PART
Chapter 2 OFFENCE
Division 1 Necessary Elements of Offence

§ 14. Liability of legal person
(1) In the cases provided by law, a legal person shall be held responsible for an act which is committed in the interests of the legal person by its body, a member thereof or by a senior official or competent representative.
(2) Prosecution of a legal person does not preclude prosecution of the natural person who committed the offence.
(3) The provisions of this section do not apply to the state, international organisations, local governments or to legal persons in public law.

Part 1 GENERAL PART
Chapter 2 OFFENCE
Division 3 Guilt

§ 37. Guilt capacity of legal persons
Legal persons with passive legal capacity are capable of guilt.

Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 3 Offences Against Peace

§ 93. Development and handling of prohibited weapons
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

Rome Statute

Article 25 Individual criminal responsibility

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.