Article 107^1 – Grounds for criminal liability of a legal person
1. The regulations established under this Code shall apply to legal persons. For the purposes of this Code, a legal person shall mean an entrepreneurial (commercial) or non-entrepreneurial (non-commercial) legal person (his/her legal successor).
2. A legal person shall be criminally liable for a crime under this Code, which is committed on behalf of or through and/or in favour of the legal person by a responsible person.
3. The responsible person specified in paragraph 2 of this article shall be a person responsible for the management and representation of the legal person and for making decisions on behalf of the legal person, and/or a member of the supervisory , monitoring or audit body of the legal person.
4. A legal person shall also be criminally liable when the crime has been committed on behalf of or through and/or in favour of the legal person, regardless of whether or not the identity of a natural person who committed the crime has been established.
41 . A legal person shall also be criminally liable if, due to the improper performance of supervision and monitoring by the responsible person specified in paragraph 3 of this article, a natural person under the subordination of the legal person was able to commit the crime in favour of the legal person.
5. Releasing the responsible person from criminal liability shall not serve as grounds for releasing the legal person from criminal liability .
6. Criminal liability of a legal person shall not exclude the criminal liability of a natural person with respect to the same crime.
7. Criminal liability shall not release the legal person from the obligation to indemnify the damage that he/she has caused as a result of the crime, or from other penalties established against him/her under the legislation.
8. If the circumstances excluding the guilt or unlawfulness of the actions of a legal person are established, the legal person shall be released from criminal liability .
Article 1072 – Criminal liability of legal persons
A legal person shall be criminally liable only when it is defined by an appropriate article of this Code.
Article 325 – Application of the provisions of this Code to legal persons
1. The criminal proceedings intended for prosecuting legal persons shall be conducted in accordance with the general procedures established by this Code and this Chapter.
The provisions of this Code shall apply to legal persons, taking into account their content.
2. For the purposes of this Chapter, a legal person shall mean an entrepreneurial (commercial) or non-entrepreneurial (non-commercial) legal person (his/her legal successor).
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.