(2) This Chapter regulates punishments and other criminal sanctions that may be imposed on a legal person, as well as legal consequences incident to conviction of a legal person for a criminal offence. (3) For certain legal persons, the application of some punishments or other criminal sanctions that may be imposed on legal persons may be excluded or limited under the conditions stipulated by a law. (4) The criminal proceedings against business enterprises ∗ shall be conducted pursuant to the Criminal Procedure Code of Bosnia and Herzegovina ∗ . Article 127 Territorial Applicability of this Code regarding Criminal Liability of Legal Persons (1) A domestic and foreign legal person shall be, in accordance with this Code, liable for criminal offences perpetrated within the territory of the Federation. (2) A domestic and foreign legal person who have their seat or carry out their activities in the territory of the Federation shall, in accordance with this Code, also be liable for a criminal offence perpetrated outside the territory of the Federation, if the criminal offence was perpetrated against Bosnia and Herzegovina, the Federation, its citizens or domestic legal persons. (3) A domestic legal person shall, in accordance with this Code, also be liable for a criminal offence perpetrated outside the territory of the Federation against a foreign state, foreign citizens or foreign legal persons, subject to the conditions referred to in Article 13 (Applicability of Criminal Legislation of the Federation for Offences Perpetrated within the Territory of Bosnia and Herzegovina) of this Code. Article 128 Basis of Liability of a Legal Person For a criminal offence that the perpetrator has perpetrated in the name of, for the account of or for the benefit of the legal person, the legal person shall be liable: a) When the purpose of the criminal offence is arising from the conclusion, order or permission of the managerial or supervisory bodies of a legal person; or b) When the managerial or supervisory bodies of a legal person have influenced the perpetrator or enabled him to perpetrate the criminal offence; or c) When a legal person disposes of illegally acquired material gain or uses objects obtained through the criminal offence; or d) When the managerial or supervisory bodies of a legal person have failed to carry out due supervision over the legality of work of the employees. Article 129 Limits of Liability of a Legal Person (1) With the conditions referred to in Article 128 (Basis of Liability of a Legal Person) of this Code, a legal person shall also be liable for a criminal offence when the perpetrator is not criminally liable for the perpetrated criminal offence. (2) Liability of the legal person shall not exclude criminal responsibility of physical or responsible persons for the perpetrated criminal offence. (3) For criminal offences perpetrated out of negligence, a legal person may be liable under the conditions ∗ ∗ Should be “legal persons”. Should be “the Criminal Procedure Code of the Federation”. 38

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