Einde inhoudsopgave
Second Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests
Article 3 Liability of legal persons
Geldend
Geldend vanaf 19-05-2009
- Bronpublicatie:
19-06-1997, Trb. 1997, 251 (uitgifte: 11-09-1997, kamerstukken/regelingnummer: -)
- Inwerkingtreding
19-05-2009
- Bronpublicatie inwerkingtreding:
17-04-2009, Trb. 2009, 62 (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
1.
Each Member State shall take the necessary measures to ensure that legal persons can be held liable for fraud, active corruption and money laundering committed for their benefit by any 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, or
- —
an authority to take decisions on behalf of the legal person, or
- —
an authority to exercise control within the legal person,
as well as for involvement as accessories or instigators in such fraud, active corruption or money laundering or the attempted commission of such fraud.
2.
Apart from the cases already provided for in paragraph 1, each Member State shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of a fraud or an act of active corruption or money laundering for the benefit of that legal person by a person under its authority.
3.
Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the fraud, active corruption or money laundering.