As we advanced last week with #Compliancekeys9, the regulation of corporate liability for the commission of crimes or administrative offenses in the case of companies differs significantly between different countries.
Along the same lines, in #Compliancekeys10 we addressed the liability of legal persons in the other Member States of the Council of Europe.
On this basis, attached is a table summarizing the state of play in the nineteen (19) Member States of the Council of Europe that are not part of the European Union:
| Country | Nature of the liability | Closed or open list of offenses / infractions | Legal possibility of exemption to dispose of Compliance |
| Albania | Criminal | Open list | No |
| Andorra | Administrative | Closed list | Yes (only for certain cases such as in the prevention of money laundering and financing of terrorism) |
| Armenia | Criminal | Closed list | Yes |
| Azerbaijan | Criminal | Closed list | No |
| Bosnia and Herzegovina | Criminal | Open list | Yes |
| Georgia | Criminal | Closed list | No |
| Iceland | Criminal | Open list | No |
| Liechtenstein | Criminal | Closed list | Yes |
| North Macedonia | Criminal | Closed list | Yes |
| Montenegro | Criminal | Closed list | Yes |
| Monaco | Criminal | Open list | No |
| Norway | Criminal | Open list | Yes |
| United Kingdom | Criminal | Closed list | Yes (only in certain laws such as the UK Bribery Act or the Criminal Finance Act) |
| Republic of Moldova | Criminal | Closed list | No |
| San Marino | Criminal | Open list | No |
| Serbia | Criminal | Closed list | No |
| Switzerland | Criminal | Closed list | No |
| Turkey | Administrative | Closed list | Yes (only in sectorial regulations such as the banking legislation) |
| Ukraine | Criminal | Closed list | Yes |
Compliance Department of Molins Defensa Penal.
Despite the more than forty (40) years of life of corporate criminal liability in the United States, almost 13 years in Spain, and the development of other...
On 11 September 2023, the Constitutional Court handed down Ruling no. 92/2023. In this decision, the Court ruled on a request for defence which, according...
