K14 - Criminal LawReturn

This paper deals with the external cases of fraud from the perspective of criminal legislation in the Czech Republic. In the first part we define the term fraud and fraudulent behavior is briefly described and the possibility of breakdown of fraudulent conduct on the internal fraud and external fraud and then to the unauthorized disposal of assets, fraudulent financial statements and corruption. In the main part of the paper (Chap. 3) are described the most common types of fraudulent activities, which are in terms of its content and the hazards considered as crimes.

This paper discusses the criminal liability of auditing companies which came into force in the legal system of the Czech Republic on 1 January 2012. It explains new principles of legal regulation concerning criminal liability of corporations and actions against them and it goes on to apply these principles to (unlawful) activity of auditing companies. This paper further offers an overview of potential sanctions that can be imposed on corporations (an auditing company) for unlawful conduct classified as a criminal offence. I also discuss the core of criminal liability of corporations, i.e., the question of culpability or, in other words, conduct of individuals that a corporation is subsequently held responsible for. I also provide an overview of some criminal cases concerning activity of auditing companies.