Konštrukcia pričítania zavinenia právnickej osobe

The doctrine of corporate fault attribution.

This scholarly article provides a critical analysis of the concept of attributing the conduct of natural persons to a legal entity within Slovak criminal law. Since the introduction of the criminal liability of legal entities in 2016, the professional community has increasingly argued that the current legal framework, combined with application practice, undermines the presumption of innocence and effectively shifts the burden of proof to the accused entity, thereby dangerously approaching a model of strict (objective) liability.The focus of the analysis lies in defining four cumulative conditions that establish a normative bridge between an individual act and the corporate sphere: the personal attribution basis, organizational imputation, the material element of benefit, and normative causality. The author emphasizes that only the simultaneous fulfillment of these elements legitimizes the attribution of an act as the entity‘s "own" conduct, asserting that the material benefit must be specific and foreseeable, rather than a mere passive bearing of results. In the final section, the author formulates de lege ferenda recommendations, proposing more precise definitions for "benefit" and "interest" while advocating for a closer alignment between criminal policy and private law. A specific proposal includes the introduction of a mandatory requirement to draft appropriate internal regulations during the initial establishment and incorporation of a company under the Commercial Code.