View/save PDF version of this document - La Strada International

Article 10.Liability of legal personsA. Negotiation textsFirst session: 19-29 January 1999France (A/AC.254/5)“Article 7“Liability of legal [corporate] persons“1. Each State Party shall take the measures needed to ensure that legal [corporate]persons may be held liable where they profit from a criminal activity or participationin the working of a criminal organization.“2. Subject to the fundamental legal principles of the State Party, the liabilityof the legal [corporate] person may be criminal, civil or administrative.“3. Such liability shall be incurred without prejudice to the criminal liabilityof the natural persons who have committed the offences or of their accomplices.“4. Each State Party shall, in particular, ensure that legal [corporate] personsmay be punished in an effective, proportionate and deterrent manner, and that substantialeconomic penalties may be imposed on them.Rolling text (A/AC.254/4)“Option 1“Article 5“Corporate [criminal] liability“Each State Party shall, as necessary, establish in its domestic legislation thepossibility that legal persons may be held liable if they [knowingly commit or otherwiseparticipate in], [or derive profits from], an offence established in article(s) [...][alternatively: an offence covered by this Convention]. 1 Subject to the fundamental1The scope of this convention is still subject to deliberation. For this reason, throughout the present text the alternatives“an offence established in article(s) [...]” (which in the current draft would be articles 3 and 4, on participation in acriminal organization, and money-laundering) and “an offence covered by this Convention” (which would have a broaderscope, as established by article 2) are provided, as appropriate.91