European Developments in Corporate Criminal Liability


Book Description

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.




Regulating Corporate Criminal Liability


Book Description

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


Book Description

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.




Liability of Legal Persons for Offences in the EU


Book Description

Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)







Environmental Criminal Liability and Enforcement in European and International Law


Book Description

The drive for harmonisation of environmental criminal standards at both the international and European level emerges from the increasing recognition of the scale and seriousness of environmental crime, the need to strengthen mechanisms of police and judicial interstate cooperation to combat cross-border crime, and the objective to ensure fair competition in a global economy and an integrated EU common market. The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. The book Environmental Criminal Liability and Enforcement in European and International Law assesses legal, theoretical and practical questions of harmonisation of national environmental criminal law and the mechanisms for cooperation by sovereign states under European and International Law, with a particular emphasis on legislative developments in the European Union, the Council of Europe and other international institutions, assessing the case for an extension of the jurisdiction of the International Criminal Court over international environmental crimes.




Corporate Criminal Liability and Sanctions


Book Description

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 these entities. 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 preventing and investigating corruption and in developing or enforcing regulation, such as solicitors, barristers, businessmen, and public servants.




Corporate Criminal Liability


Book Description

The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to explain the criminal process from the perspective of the corporate defendant with a scholarly analysis of the principles of corporate liability. In particular, it provides expert discussion on the latest practice on DPAs, issues with identification theory and delegation, questions of jurisdiction, and sentencing. The work also explains specific offences such as insolvency restrictions, Companies Act offences, and corporate manslaughter. New to this edition: Considers all key cases since the last edition including the Barclays case on corporate identification; Reviews practice in deferred prosecution orders (DPOs) after investigations into Rolls Royce and Tesco; A fully updated Appendix table as a 'quick reference' guide to specific offences, how they are tried, and aspects of sentencing.




Corporate Criminal Liability - National and International Responses


Book Description

The process of globalization and the growth of interdependence in economic, social and environmental activities by corporate entities requires greater international cooperation between countries. At the same time, the amount of economic and white-collar-crime has grown substantially. One of the most pressing global issues is the predominance of national and multinational corporations in economic transactions and their accountability. In this context, the development of corporate criminal liability has become a problem which a growing number of prosecutors and courts have to deal with nowadays. In the common law world, following standing principles in tort law, English courts began sentencing corporations in the middle of the last century for statutory offenses. On the other hand, a large number of European continental law countries have not been able to or not been willing to incorporate the concept of corporal criminal liability into their legal systems. The fact that crime has shifted from almost solely individual perpetrators only 150 years ago, to white-collar crimes on an ever increasing scale has not yet been taken into account in many legal systems. At the same time, crime has also become increasingly international in nature.




Crime, Criminal Law and Criminal Justice in Europe


Book Description

This unique collection of essays celebrates the twentieth anniversary of the seminal journal the European Journal of Crime, Criminal Law and Criminal Justice, as well as the outstanding and uninterrupted work over that period of its founding Editor-in-Chief, Professor Cyrille Fijnaut. The volume consists of a selection of some of the most ground-breaking articles published over the past twenty years, covering the three areas of focus of the journal: problems of crime, developments in criminal law and changes in criminal justice. It thus explores such diverse issues as the problems of crime in Central and Eastern Europe after the disappearance of the Soviet Union and the collapse of Yugoslavia; the allocation of criminal law power in the European Union; police cooperation in the border areas of the Member States; the criminalization of white collar crime; the establishment of European police services and of a European Public Prosecutor s Office; new forms of criminal justice cooperation between the Member States; and many others. The journal's unique multidisciplinary approach and its commitment to offer insights from a wide variety of European countries and language areas ensure that a varied range of perspectives are offered on the topics discussed. The result is an enlightening and highly readable anthology, shedding light on the extraordinary developments that have taken place in the area of crime and punishment in Europe.