A company convicted without an opportunity to defend itself

Supreme Court · Second Chamber (Penal) · 2016

What the Supreme Court considered and decided

The Supreme Court acquitted a company convicted of fraud because it had not been properly brought into the proceedings and its defence rights were impaired. It distinguished the company’s position from the individuals’ liability.

What this helps explain

The criminal liability of a legal person requires its own guarantees of imputation, knowledge of the prosecution and defence.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.