Practical sheet | REF: FIC0076 V1

ICPE and responsibilities: operator, owner, manager, shareholder

Author: Solange VIGER

Publication date: April 10, 2011 | Lire en français

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4. Identify obligations and responsibilities with regard to offenses committed (criminal liability)

4.1 Principle

The operation of the plant may give rise to behaviors that qualify as offenses.

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4.2 Persons sued

As criminal liability is personal, the person prosecuted is the perpetrator of the incriminating acts. His or her identity may therefore differ from that of the operator named in the declaration, registration or authorization order.

A legal entity can be prosecuted if the text defining the offence expressly provides for the criminal liability of legal entities....

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Identify obligations and responsibilities with regard to offenses committed (criminal liability)