Program compliance v aktuální trestněprávní praxi ČR vs. USA

This thesis examines compliance programs in the context of criminal liability of legal entities in the Czech Republic and the United States. The aim of the thesis is to formulate practical recommendations for establishing an effective compliance program for Czech companies with international operations, based on a comparative analysis of key methodologies and case law in both jurisdictions. The methodology employed includes analysis, comparison, and synthesis. The first part of the thesis defines the legal framework for the criminal liability of legal entities and the concept of compliance in both countries. Subsequently, the second part compares the approaches of the Methodology of the Supreme Public Prosecutor’s Office of the Czech Republic and the U.S. Department of Justice guidelines for evaluating compliance programs. The third section examines selected court decisions and settlements from both jurisdictions, identifying key factors that are considered in practice when determining compliance. The final chapter four present practical recommendations based on the findings of the previous chapters, including consideration of the newly introduced institution of conditional suspension of criminal prosecution of legal entities.