Einde inhoudsopgave
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
Article 26 Corporate liability
Geldend
Geldend vanaf 01-07-2010
- Bronpublicatie:
25-10-2007, Trb. 2008, 58 (uitgifte: 02-04-2008, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-2010
- Bronpublicatie inwerkingtreding:
26-11-2009, Trb. 2010, 2010/156 (uitgifte: 17-05-2010, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Mensenrechten
Personen- en familierecht / Kinderbescherming
1.
Each Party shall take the necessary legislative or other measures to ensure that a legal person can be held liable for an offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:
- a)
power of representation of the legal person;
- b)
an authority to take decisions on behalf of the legal person;
- c)
an authority to exercise control within the legal person.
2.
Apart from the cases already provided for in paragraph 1, each Party shall take the necessary legislative or other measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority.
3.
Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.
4.
Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.