[PDF] Criminal Liability In Regulatory Contexts eBook

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 258 pages
File Size : 11,21 MB
Release : 2010-08-25
Category : Law
ISBN : 9780118404938

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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and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective.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.

Author : Dominik Brodowski
Publisher : Springer
Page : 352 pages
File Size : 30,33 MB
Release : 2014-06-30
Category : Law
ISBN : 3319059939

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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.

Author : Celia Wells
Publisher : OUP Oxford
Page : 216 pages
File Size : 42,34 MB
Release : 2001-05-24
Category : Law
ISBN : 0191018775

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Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.

Author : Alan Reed
Publisher : Taylor & Francis
Page : 341 pages
File Size : 16,31 MB
Release : 2022-08-22
Category : Law
ISBN : 1000630528

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This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.

Author : Mark Pieth
Publisher : Springer Science & Business Media
Page : 401 pages
File Size : 34,99 MB
Release : 2011-04-20
Category : Law
ISBN : 940070674X

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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.

Author : James Gobert
Publisher : Taylor & Francis
Page : 381 pages
File Size : 39,46 MB
Release : 2011-06-10
Category : Law
ISBN : 1136741518

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When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.

Author : Leonard Orland
Publisher :
Page : 0 pages
File Size : 43,92 MB
Release : 2004
Category : Corporations
ISBN : 9780735550766

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As never before, corporate counsel must understand new corporate criminal statutes, prosecution policy statements, and corporate sentencing guidelines. Corporate Criminal Liability: Regulation and Compliance is a clear and precise resource that provides exclusive insight into these issues by examining the relationship between corporate misconduct and criminal law from the corporate governance perspective. This invaluable resource takes on what is an occasionally bewildering array of federal legal mechanisms, providing exclusive, authoritative analysis on issues including: Practical suggestions for how corporate lawyers and executives should deal with the new substantive and procedural rules that regulate corporate conduct and apply harsh criminal penalties Reliable analysis of the unique substantive and procedural rules of criminal liability of the corporate entity In-Depth examination of post-Enron legislation Clear, concise explanations, In non-technical terms, Of the fundamental principles of federal criminal law And The complexities of federal administrative, civil, and criminal corporate regulatory systems In addition, Corporate Criminal Liability: Regulation and Compliance proexamines and explicates every relevant aspect of law, policy, and litigation, including: The nature of corporate criminal liability Recently issued Justice Department Guidelines for Prosecution of Corporations Guidelines for Sentencing of Organizations of the United States Sentencing Commission All criminal statutes the major federal regulatory economic areas the broad scheme of overlapping administrative, civil, and criminal federal regulation

Author : Santiago Wortman Jofre
Publisher : BRILL
Page : 69 pages
File Size : 20,41 MB
Release : 2019-08-26
Category : Law
ISBN : 900440774X

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In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain Santiago Wortman Jofre presents a case study in which he analyses the regulation on compliance as deterrent for corporate criminality. He also examines the role of criminal justice and offers a view on the incentives to prevent corporate criminality.

Author : James M. Anderson
Publisher : Rand Corporation
Page : 147 pages
File Size : 48,48 MB
Release : 2014-12-09
Category : Business & Economics
ISBN : 083308786X

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"What should be the role of the criminal law in controlling corporate behavior, and how can the execution of that role be improved? On the one hand, corporations have enormous power, and, when a corporation causes harm, there is a natural instinct to apply criminal sanctions, society's most serious expression of moral disapproval. In the wake of a harm in which a corporation had a prominent role, there are often calls for an increased use of the criminal law to tame corporate excesses. On the other hand, criminal liability has historically usually required criminal intent, a concept that applies oddly to a legal construction, such as a corporation. And more recently, critics have decried what they have termed the overcriminalization of corporate behavior, suggesting that there has been an overreliance on the use of criminal law in this context. To provide guidance to policymakers on the proper role of criminal sanctions in this context, RAND Corporation researchers (1) measure the current use of criminal sanctions in controlling corporate behavior, (2) describe how the current regime developed, and (3) offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved"--Unedited summary from book cover.