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

By Mark Pieth, Radha Ivory

With industrialization and globalization, organizations obtained the potential to persuade social existence for solid or for ailing. but, companies should not conventional items of felony legislation. Justified through notions of non-public ethical guilt, felony norms were judged inapplicable to fictional people, who ‘think’ and ‘act’ via humans. the growth of latest company felony legal responsibility (CCL) legislation because the mid-1990s demanding situations this assumption. Our quantity surveys present perform on CCL in 15 civil and customary legislations jurisdictions, exploring the felony stipulations for legal responsibility, the rules and ideas for sanctioning, and the approaches for investigating, charging and making an attempt company offenders. It considers even if municipal CCL legislation are converging round the concept of ‘corporate culture’, and, as a minimum, the consequences of CCL for these charged with preserving organisations, and different criminal entities, out of difficulty.

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Additional resources for Corporate Criminal Liability: Emergence, Convergence, and Risk (Ius Gentium: Comparative Perspectives on Law and Justice) (English, French and Spanish Edition)

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Subsequent English courts tended to adopt a narrower view in criminal contexts,181 whilst some Commonwealth courts have adopted broader interpretations. First, since Canadian Dredge and Dock Co. v. R. (Dredge and Dock),182 the Supreme Court of Canada has treated a person’s capacity for decisionmaking in a particular operative sector of a corporation as determinative of his/her capacity to act as the corporation. So, in that case, the defendant companies could be imputed with bid-rigging by non-executive managers as those managers had been acting within the scope of their duties and to 179 Pinto/Evans 2003, para.

167 Pinto/Evans 2003, para. 20; Wells 2001, 115. 168 Cf. Beale 2009, 1488. 163 Criminal 22 M. Pieth and R. Ivory • by identifying the corporation with its executive bodies and managers and holding it liable for their acts, omissions, and states of mind (identification); and • by treating the collective as capable of offending in its own right, either through the aggregated thoughts and deeds of its senior stakeholders (aggregation) or though inadequate organizational systems and cultures (corporate culture, corporate (dis)organization).

105 Cf. CMCH Act (UK), s. 11(1) and (2)(b). See further Sunkin 2003. 106 Criminal Code RSC 1985 c. C-46 (Canada) (Criminal Code [Canada]), ss. 2. See further Allens Arthur Robinson 2008, 25 et seq. 107 CMCH Act (UK), s. 1(1) and (2). 108 Bribery Act (UK), s. 7(1) and (5). 16 M. Pieth and R. Ivory individuals. 109 Other undertakings could, presumably, be covered if it were consistent with the statute. On the other hand, the US courts have developed the doctrine of respondeat superior from principles of vicarious liability, which renders individual masters liable for their servants’ civil wrongs.

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