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macedonia<br />
3. Criminal liability of corporations (Unternehmensstrafrecht)<br />
Can private corporations be held criminally liable for offences<br />
committed by (i) management and (ii) employees?<br />
Yes, the legal entity shall be liable for the crime committed by a responsible<br />
person within the legal entity on behalf, for the account or<br />
for the benefit of the legal entity. The legal entity shall be liable for<br />
crimes committed by its employees as well as for crimes committed<br />
by its representative, by which a significant property benefit has<br />
been acquired or significant damage has been caused to another, if:<br />
1) the execution of a conclusion, order or other decision or approval<br />
of a governing body, managing body or supervising body is considered<br />
commission of a crime; or 2) the commission of the crime<br />
resulted from omitting the obligatory supervision of the governing<br />
body, managing body or supervising body; or 3) the governing body,<br />
managing body or supervising body has not prevented the crime,<br />
or has concealed it or has not reported it before initiating a criminal<br />
procedure against the offender.<br />
Foreign legal entities shall be criminally liable under the same conditions<br />
as above if the crime was committed on the territory of Macedonia,<br />
regardless of whether the foreign legal entity has its representative<br />
office or branch office performing any activities on the<br />
territory of Macedonia.<br />
Is the criminal liability of the corporation fault-based or a strict<br />
liability offence?<br />
Strict liability offence.<br />
Is a levy of enrichment (disgorgement) of the corporation’s<br />
profits of the offence possible (e.g., the profit obtained from a<br />
contract, which was won through bribery)? (Verfall)<br />
Yes.<br />
Can a compliance programme (i) reduce the fine or (ii) permit the<br />
corporation to avoid prosecution/conviction or lead to impunity?<br />
No.<br />
What is the maximum fine which can be imposed on a corporation<br />
for a bribery offence?<br />
Up to EUR 490,000. In cases where the crime was committed out<br />
of covetousness or caused serious damage, up to ten times the<br />
amount of the caused damage or acquired benefit.<br />
www.schoenherr.eu 71
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