Regulating Corporate Criminal Liability
Title | Regulating Corporate Criminal Liability PDF eBook |
Author | Dominik Brodowski |
Publisher | Springer |
Pages | 352 |
Release | 2014-06-30 |
Genre | Law |
ISBN | 3319059939 |
Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Corporate Criminal Liability and Sanctions
Title | Corporate Criminal Liability and Sanctions PDF eBook |
Author | Michala Meiselles |
Publisher | |
Pages | 0 |
Release | 2024 |
Genre | Law |
ISBN | 9781003324829 |
This edited collection sheds light on the evolution of corporate financial crime, exploring a myriad of offenses ranging from money laundering and fraud to market manipulation and bribery. Considering and assessing the models used in national law to determine the culpability of corporations, this book compares the different schemes used to address financial and other organisational crimes committed by same. Through a combination of history, law, and global perspectives, its chapters dissect landmark cases and provide detailed analyses of money laundering, fraud, market manipulation, manslaughter, and legislative responses in various locations around the world. This comparative approach offers a unique lens, exploring diverse jurisdictions and shedding light on global patterns of corporate wrongdoing. By critically assessing the challenges of prosecuting economic crimes on a large scale, the collection proposes innovative solutions, including the introduction of 'failure to prevent' offences. Corporate Criminal Liability and Sanctions: Current Trends and Policy Changes is a valuable resource for academics, professionals, and anyone intrigued by the ever-evolving realm of white-collar and corporate wrongdoing. It will appeal to scholars across the fields of law, criminology, sociology, and economics, as well as those professionally engaged in corruption and regulation such as solicitors, barristers, businessmen and public servants.
Corporate Criminal Liability
Title | Corporate Criminal Liability PDF eBook |
Author | Mark Pieth |
Publisher | Springer Science & Business Media |
Pages | 401 |
Release | 2011-04-20 |
Genre | Law |
ISBN | 940070674X |
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Corporate Criminal Liability and the Comparative Mix of Sanctions
Title | Corporate Criminal Liability and the Comparative Mix of Sanctions PDF eBook |
Author | Steven Walt |
Publisher | |
Pages | 60 |
Release | 1991 |
Genre | |
ISBN |
The Changing Role of Criminal Law in Controlling Corporate Behavior
Title | The Changing Role of Criminal Law in Controlling Corporate Behavior PDF eBook |
Author | James M. Anderson |
Publisher | Rand Corporation |
Pages | 147 |
Release | 2014-12-09 |
Genre | Law |
ISBN | 0833087878 |
This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.
Corporations as Criminals
Title | Corporations as Criminals PDF eBook |
Author | Ellen Hochstedler Steury |
Publisher | SAGE Publications, Incorporated |
Pages | 176 |
Release | 1984 |
Genre | Law |
ISBN |
Can a corporation commit a crime? If so, who in the organization is to be held responsible and how does a criminal justice system, designed to process individual criminals, cope with the criminal corporation? This book explores both the theoretical and practical problems of bringing criminal sanctions against corporate offenders through the courts and regulatory agencies, and offers some of the latest legal, historical and sociological research on the subject of sanctionning corporate wrongs.
Criminal liability in regulatory contexts
Title | Criminal liability in regulatory contexts PDF eBook |
Author | Great Britain: Law Commission |
Publisher | The Stationery Office |
Pages | 258 |
Release | 2010-08-25 |
Genre | Law |
ISBN | 9780118404938 |
In this consultation paper, the Law Commission sets out the case for reducing the scope for criminal law to be used in regulated fields such as farming, food safety, banking and retail sales. Criminal sanctions should only be used to tackle serious wrongdoing and it is out of proportion for regulators to rely wholly on the criminal law to punish and deter activities that are merely 'risky', unless the risk involved is a serious one. There has been a steep increase in the number of criminal offences created since the late 1980s to penalise risk-taking. The areas regulated cover a wide range of risk-posing activities, and involve millions of people and thousands of businesses. By turning to civil penalties for minor breaches, regulators could reduce costs to themselves and the criminal justice system by £11 million a year. In some cases, criminal prosecution can cost almost twice what the courts obtain in fines. The paper proposes that: (i) regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; (ii) a set of common principles should be established to help agencies consider when and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective. Where criminal offences are created in regulatory contexts, they should require proof of fault elements such as intention, knowledge, or a failure to take steps to avoid harm being done or serious risks posed.