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92 Travaux préparatoires: United Nations Convention against Transnational Organized Crimelegal principles of the State Party, such liability of the legal person may be criminal,civil, administrative or commercial. Such liability shall be without prejudice to thecriminal liability of the natural persons who were the perpetrators of the offences orof their accomplices. Each State shall ensure, in particular, that legal persons may bepenalized in an effective, proportionate and dissuasive manner and that material andeconomic sanctions may be imposed on them. 2“Option 2“Each contracting State shall consider including in its domestic legislation thepossibility of holding private bodies or public corporate bodies of private benefitliable for profiting from organized crime or for operating as cover for a criminalorganization.”Rolling text (A/AC.254/4/Rev.1)“Article 5“Corporate liability 3“1. Each State Party shall [, as appropriate,] take the measures needed to ensurethat legal [corporate] persons may be held liable where they [knowingly] [or throughfailure of supervision] profit from a criminal activity or participate in the working ofa criminal organization. 4“2. Subject to the fundamental legal principles of the State Party, the liabilityof the legal [corporate] persons may be criminal, civil or administrative.“3. Such liability shall be incurred without prejudice to the criminal [or civil]liability of 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.“[5. Each State Party shall, where necessary and for the purposes of thisConvention, establish in its domestic legislation an appropriate penalty for employeesor managers of financial institutions or of institutions entrusted with supervisoryfunctions in cases where such persons fail to comply with any or all of the supervisoryarrangements laid down.] 52This paragraph combined options 1 and 3 in the earlier text contained in document CICP/CONV/WP.1 and was notdiscussed at the informal preparatory meeting.3This article was redrafted on the basis of a proposal submitted by France (see A/AC.254/5).4Several delegations suggested that such liability should be incurred only if intent or (serious) negligence could beshown. Other delegations noted that there was a need to define such terms as “profit” and “participation in”. One delegationobserved that liability should be incurred also when the corporate body had served as a cover for criminal activity,even when it had not profited from such activity. Another delegation questioned whether liability should be incurred if onlya few officers in the corporate body had participated in the criminal activity.5This paragraph was submitted by Colombia (see A/AC.254/L.5).