By Mark Pieth, Radha Ivory
With industrialization and globalization, firms obtained the means to steer societies for higher or worse. but, enterprises should not conventional items of felony legislation. Justified via notions of non-public ethical guilt, legal norms were judged inapplicable to fictional individuals who “think” and “act” via people. the growth of recent company legal legal responsibility (CCL) legislation because the mid-1990s demanding situations this assumption. This quantity surveys present perform on CCL in various civil and customary legislations jurisdictions, exploring the criminal stipulations for legal responsibility, the foundations and ideas for sanctioning, and the tactics for investigating, charging, and making an attempt company offenders. It considers even if household CCL legislation are converging round the suggestion of “due diligence” and, at the least, the results of CCL for these charged with retaining agencies, and different criminal entities, out of trouble.
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Additional info for Corporate Criminal Liability: Emergence, Convergence, and Risk
2 Civil Law Jurisdictions Generally, civil law jurisdictions apply corporate criminal liability rules to legal persons and to organizations that lack (full) legal personality but carry on an enterprise. 118 Provisions of French119 and Hungarian120 law refer only to legal (or “moral”) persons. 121 Switzerland alone expressly abandons the dichotomies between individuals and groups, legal persons, and persons without legal personality: art. 122 109 Nanda (this volume), citing 1 United States Code (USC) 1.
173 Cf. American Law Institute 1962, para. 07; United States v. Ionia Management SA 555 F. 3d 303 (2009) at 310 (McLaughlin, Calabresi, and Livingston JJ). See further Nanda (this volume). Note also that the LCEW (UK)’s provisional proposals include a suggestion that Parliament create a generic due diligence defense to all statutory strict liability offenses in England and Wales: LCEW (UK) 2010, Proposal 14 and Pt. 6. 1; and Wells (this volume). 174 Nanda (this volume). 175 American Law Institute 1962, para.
They have used three models to enable findings of corporate “guilt”: (1) attributing the collective with the offenses of its employees or agents; (2) identifying the collective with its senior decision-makers; and (3) treating the corporation as itself capable of being a criminal (and moral) actor either through the aggregation of individual thoughts and behaviors or an assessment of the totality of the deficiencies in its corporate culture and organizational systems. The points of similarity and convergence between 83 Cf.