Download Corporate Criminal Liability: Emergence, Convergence, and by Mark Pieth, Radha Ivory PDF

By Mark Pieth, Radha Ivory

With industrialization and globalization, businesses received the potential to steer societies for larger or worse. but, agencies aren't conventional gadgets of felony legislations. Justified through notions of private ethical guilt, legal norms were judged inapplicable to fictional individuals who “think” and “act” via people. the growth of latest company felony legal responsibility (CCL) legislation because the mid-1990s demanding situations this assumption. This quantity surveys present perform on CCL in different civil and customary legislation jurisdictions, exploring the criminal stipulations for legal responsibility, the rules and suggestions for sanctioning, and the approaches for investigating, charging, and attempting company offenders. It considers even if household CCL legislation are converging round the proposal of “due diligence” and, as a minimum, the results of CCL for these charged with preserving companies, and different felony entities, out of trouble.

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115 Collective Entities’ Legal Responsibility for Acts Forbidden under Penalty Act 2002 (Poland); Kulesza 2010, 2 et seq. 116 Law No. 393 (Chile); Salvo (this volume). 117 Criminal Code (Spain), art. 31bis ; Boldova/Rueda (this volume). 118 Godinho 2010, 1 et seq. 119 Criminal Code (France), art. 121-2; Deckert (this volume); OECD 2000b, 11. 120 Act CIV of 2001 on the Criminal Measures Applicable to Legal Persons, art. 1(1); Santha/Dobrocsi (this volume). 121 See above nn. 118, 119. 122 Perrin (this volume); Pieth 2003, 359; Pieth 2004, 603.

196 Evidence of the high-level individual’s acts, omissions, and states of mind remains relevant to the question of fault, since s. 3(4) authorizes the court to consider, in assessing corporate culture, whether a high managerial agent authorized the act or a lower-level offender reasonably believed that he/she would have received the high managerial agent’s authority or permission. However, until these provisions are judicially considered, it is not possible to know exactly how much weight individual managerial (in)action will be given by the Australian courts.

Moore Stephens (a firm) [2009] 1 AC 1391 at paras. 39 et seq. (Phillips of Worth Matravers LJ), paras. , 256 et seq. (Mance LJ). See, generally, LCEW (UK) 2010, paras. ; Pinto/Evans 2003, paras. , paras. ; Wells 2001, 112 et seq. Cf. CPSEW (UK) 2010, para. 20 (requiring prosecutors to consider the purpose of certain regulatory offenses and referring to Meridian Global Funds Asia Ltd. v. Securities Commission [1995] 2 AC 500, discussed next). 182 [1985] 1 SCR 662, paras. 29, 32 (Estey J). ; Wells 2001, 130 et seq.

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