Criminal Code (Cap. 9), article 310I

310I. (1) Notwithstanding any other provision of this Code, where any offence referred to in article 310F or in article 310 H is committed for the benefit of a legal person by any person, acti ng either individually or as part of an organ of the legal person, who ho lds a leading position within that legal person on the basis of one o f the following: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; (c) an authority to exercise control within the legal person, said legal person who acts in that manner shall, on conviction, be liable CRIMINAL CODE [CAP. 9. 169 to a fine (multa) of not less than twenty thousand euro (€20,000) and not more than two hundred thousand euro (€200,000). (2) Sub-article (1) shall apply mutatis mutandis where the lack of supervision or control by a natural person referred to there in has made possible the commission of any of the offences referred to in article 310F or in article 310H fo r the benefit of the legal pe rson by a person under its authority. (3) Liability of legal persons pursuant to sub-articles (1) and (2) shall not exclude criminal proceedings against natural persons who are perpetrators or inciters of, o r accessories to, any of the offe nces referred to in article 310F or in article 310H. (4) Without prejudice and in addition to any penalty that may b e imposed pursuant to the preceding sub-articles, any legal perso n for whose benefit any offence as referred to therein is committed m ay, on conviction, be liable to any or a ll of the following sanctions: (a) exclusion from entitlement to public benefits or aid; (b) temporary exclusion from access to public funding, including tender proce dures, grants and concessions; (c) temporary or permanent disqualification from the practice of commercial activities; (d) placing under judicial supervision; (e) judicial winding-up; (f) temporary or permanent closure of establishments which have been used for com mitting the offence.Jurisdiction. Added by: LIII.2021.2.