.
(1) The public prosecutor may waive the bringing of charges against a corporation, if: (441/2011)
(1) the corporate omission or participation of the management or of the person exercising actual decision-making power in the corporation, as referred to in section 2, subsection 1, has been of minor significance in the
offence, or
(2) only minor damage or danger has been caused by the offence committed
in the operations of the corporation
and the corporation has voluntarily taken the necessary measures to prevent new
offences.
(2) The bringing of charges may be waived also if the offender, in the case referred
to in section 4, subsection 2(3), has already been sentenced to a punishment and
it is to be anticipated that the corporation for this reason is not to be sentenced to
a corporate fine.
(3) Service of a decision not to bring charges against a corporation or to withdraw
charges against a corporation shall be given to the corporation by post or through
application as appropriate of what is provided in Chapter 11 of the Code of Judicial Procedure. The provisions of Chapter 1, section 6(a), subsection 2 and section
11, subsections 1 and 3 of the Criminal Procedure Act on the waiving of charges
apply correspondingly to the decision. (673/2014)
(4) The provisions of Chapter 1, section 12 of the Criminal Procedure Act on the
revocation of charges apply to the revocation of charges on the basis of subsection 1. However, service of the revocation shall be given only to the corporation.
Section 8 - Joint corporate fine (743/1995)
(1) If a corporation is to be sentenced for two or more offences at one time, a joint
corporate fine shall be imposed in accordance with the provisions of sections 5
and 6.
(2) No joint punishment shall be imposed for two offences, one of which was
committed after a corporate fine was imposed for the other. If charges are brought
against a corporation which has been sentenced to a corporate fine by a final decision, for an offence committed before the said sentence was passed, a joint corporate fine shall also not be imposed, but the prior corporate fine shall be duly
taken into account when sentencing to the new punishment.
[section 9 has been repealed; 297/2003]
Section 10 – Enforcement of a corporate fine (673/2002)
(1) A corporate fine is enforced in the manner provided in the Enforcement of
Fines Act (672/2002).
(2) A conversion sentence may not be imposed in place of a corporate fine.