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Directive 2008/99/EC of the European Parliament and of the CouncilShow full title

Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (Text with EEA relevance)

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Changes over time for: Article 6

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Article 6U.K.+E.U.Liability of legal persons

1.Member States shall ensure that legal persons can be held liable for offences referred to in Articles 3 and 4 where such offences have been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, based on:

(a)

a power of representation of the legal person;

(b)

an authority to take decisions on behalf of the legal person; or

(c)

an authority to exercise control within the legal person.

2.Member States shall also ensure that legal persons can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.

3.Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offences referred to in Articles 3 and 4.

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