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News & Media

Change in Business Environment or Just Another Superfluous Law?

Date: 09/05/2016

A special training on the new corporate criminal liability legislation and its implications for business in Slovakia, which will become effective 1 July 2016, was organised by Ružička - Csekes Law Office and took place on Thursday 28 April 2016. The training was attended by representatives of banking, insurance, manufacturing, healthcare, IT and construction sectors.

Law office partners JUDr. Lucie Schweizer and Mgr. Sylvia Szabó

would both like to extend their thanks to those who participated and for their insightful comments.

Summary

Are we about to witness a change in the business environment or just another redundant law nobody needs? This was the central question of the discussions prompted by the attendees of the training on corporate criminal liability, which is slated to take effect on 1 July 2016.

Once we consider the objectives pursued by the introduction of corporate liability by legislators abroad and accept the assumption that there is no reason to believe that Slovakia would go against the flow, it becomes clear that the first day of summer vacations will see a seemingly new branch of law entering the legislative stage – corporate criminal law, and this, of course, will require a new type of lawyers – corporate criminal lawyers. As the name proper reveals, their scope of work will be anything but narrow – they will be required to have in-depth knowledge and understanding of criminal, commercial and civil law and top of that they need to be skilled in administrative processes and actions of miscellaneous types.

Act No. 91/2016 Coll. on corporate criminal liability will not only introduce a sweeping change to the legal services market but it is also expected to shake up the day-to-day business of corporations and entrepreneurs.

Legal entities will have to decide whether and to what extent they need to adopt precautions to avoid incurring criminal liability and what precautions to actually implement to that end, or whether to opt for the hands-off approach and leave it to the market to sort things out and only respond to the new developments once the corporate criminal liability issue is addressed by the media or after they feel the heat.

The scope of the anticipated precautions is expected to be vast and their implementation will be nothing short of a huge challenge. It will require weighing in the individual risks the corporations will face and the solutions to eliminate such risks. One thing that appears crystal clear so far is that no corporation wants to be the first to face criminal action and the police knocking on its doors and seizing its property (raids and seizures of property and computer data) and nobody wishes to gain infamy this way.

For the presentation or tailored training modules, please contact michal.miklas@rc-cms.sk