Martin Polaine was engaged by the Council of Europe (CoE) jointly to conduct a workshop for Czech prosecutors, judges, investigators and ministerial officials on addressing the challenges in the implementation of criminal liability for legal persons.

Martin wrote a technical paper, which formed the basis of the presentation and discussion, examined the different approaches of states to legal person liability, the common law approach (UK, Canada and New Zealand), the vicarious liability model (the US) and the ‘imputed/deemed liability model of France. The session then focused on practical difficulties and challenges faced when investigating corporates in the Czech Republic and other jurisdictions, including international co-operation, and how these can be met. Following the event, Martin produced, for the Council of Europe, a range of suggested recommendations aimed at further enhancing Czech implementation.

The second session examined mutual legal assistance in investigations of the legal person. Some of Martin’s recommendations were aimed at helping to ensure the making and executing of requests in an efficient and effective manner.

The Technical Paper will be published by COE in due course; in the meantime further details are available at the COE website:

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