Section 7: Juristic person as accused or defendant

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 793/2565 (2022)

   Under Section 7 paragraph one, since a juristic person suspect cannot be arrested, the inquiry official has power to summon its manager or other representative to be questioned, and this mechanism governs how the entity is brought into the process.

   Addressing whether the prosecution had authority to proceed, the Court quoted Section 7 paragraph one and explained that where a juristic person is the suspect it cannot be arrested, so at the inquiry stage the inquiry official may summon one of the two classes of persons, the manager or another representative, to be questioned on its behalf.

2. Arrêt de la Cour suprême n° 2813/2562 (2019)

   Section 7 does not make an authorized director a joint offender merely because the company committed the offense; the prosecution must plead and prove the director's own intent and participation.

   The prosecution argued that because the company (defendant 1) committed the offense, its authorized director (defendant 2) had jointly committed it under Section 7. The Court rejected this, holding that the appeal failed to show any facts establishing that the director intended and joined in the offense, so a mere reliance on Section 7 was insufficient.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.