Liability of legal persons to the other Member States that are part of the Council of Europe
ComplianceKeys#10
As we advanced last week with #Compliancekeys9, the regulation of corporate liability for the commission of crimes or administrative offenses in the case of companies differs significantly between different countries.
Along the same lines, in #Compliancekeys10 we addressed the liability of legal persons in the other Member States of the Council of Europe.
On this basis, attached is a table summarizing the state of play in the nineteen (19) Member States of the Council of Europe that are not part of the European Union:
Country | Nature of the liability | Closed or open list of offenses / infractions | Legal possibility of exemption to dispose of Compliance |
Albania | Criminal | Open list | No |
Andorra | Administrative | Closed list | Yes (only for certain cases such as in the prevention of money laundering and financing of terrorism) |
Armenia | Criminal | Closed list | Yes |
Azerbaijan | Criminal | Closed list | No |
Bosnia and Herzegovina | Criminal | Open list | Yes |
Georgia | Criminal | Closed list | No |
Iceland | Criminal | Open list | No |
Liechtenstein | Criminal | Closed list | Yes |
North Macedonia | Criminal | Closed list | Yes |
Montenegro | Criminal | Closed list | Yes |
Monaco | Criminal | Open list | No |
Norway | Criminal | Open list | Yes |
United Kingdom | Criminal | Closed list | Yes (only in certain laws such as the UK Bribery Act or the Criminal Finance Act) |
Republic of Moldova | Criminal | Closed list | No |
San Marino | Criminal | Open list | No |
Serbia | Criminal | Closed list | No |
Switzerland | Criminal | Closed list | No |
Turkey | Administrative | Closed list | Yes (only in sectorial regulations such as the banking legislation) |
Ukraine | Criminal | Closed list | Yes |
Compliance Department of Molins Defensa Penal.