Additionally, reg 16 provides that where one of the strict
liability offences committed by a trader is due to the act or default of some other person, then that other person is also guilty of the offence, whether or not he is a trader and whether or not his act or default is a commercial practice.
Not exact matches
If you
commit any of the
offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses,
liabilities and damages that may be suffered by TravelGround.com due to or related to such
offences.
If you were intoxicated when you
committed the
offence but you would have had the mens rea if you had been sober, criminal
liability can still be imposed.
Looks like rape is a strict
liability offence - that is, unlike some crimes where you need to prove that the criminal act was
committed with intent of some kind (or sometimes recklessness), the intent is irrelevant; it is enough that the criminal act occurred.
(1) Legal entities, except for state and public authorities, shall have criminal
liability for
offences committed in the performance of the legal entity's object of activity, in its interest, or on its behalf.
In other areas of administrative penal law there is only an indirect joint
liability of the corporation for fines imposed for
offences committed by the managing director or other «persons in charge» (section 9 Administrative Penal Code).
Corporate criminal
liability is subject to «
offences committed on [companies»] account by their organs or representatives», namely for actions
committed by persons who exercise direction, administration, management or control functions, or by persons who act on behalf of an identified delegation of power that meets specific criteria.
In the second case, if certain specific
offences are
committed (in particular money laundering, corruption in the private or public sectors, criminal organisation, etc), charges can be brought against the company irrespective of the criminal
liability of any individual, provided the corporation failed to take all reasonable organisational measures that were required in order to prevent such an
offence.