Corporate Criminal Liability

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CORPORATE CRIMINAL LIABILITY Corporate criminal liability in its clearer aspect leads to an understanding of organisational misconduct and its deadly consequences. A lot of complexities have cropped up in the corporate sector over the last few decades due to privatisation and globalisation of different kinds of business entities. The illegal conduct of employees of corporations is on a rise. Criminal liability of corporations is attached only to those acts or circumstances where there is violation of the law. The basic crux of corporate criminal liability circumvents around a phrase in Latin stating ACTUS NON FACIT REUM, NISI MENS SIT REA which means that in order to make a person or an entity liable criminally, there has to be established…show more content…
A company can be criminally prosecuted against but its effectiveness is narrow as it cannot be punished with imprisonment or death. Corporate managers need to ensure that the activities they initiate and conduct are with due regards to public interest and within bounds and barriers not dreadful. Thereby in a way corporate criminal liability acts as a firm check on such activities and binds them in legal portals to ignite a sense of corporate social responsibility. Historically Corporate criminal liability evolved as a response to the changing role of corporations. On the other hand, its doctrinal evolution came from the recognition of corporations as legal persons capable of holding rights and obligations differing from those of their human Stakeholders. Corporate criminal liability arises out of Corporate Crimes. Corporate crimes include personal corporate benefits, reduced law compliance expenses or self gain for individuals avoiding their corporation’s duties towards the society. Corporations occupy a central role in the society and therefore corporate crime is a significant social phenomenon. The world at large is wholly dependent on corporations in one way or another for…show more content…
The prerequisite of criminal liability of the capacity of a crime in this nature is the commitment of an individual to bear their own consequences in the light of criminal behaviour. Criminal capacity hints at a series of mental factors that press upon the attribution of criminal behaviour that is based on will3 and knowledge. The realisation of criminal capacity is the all round identity of criminal liability. The doctrines below explain the ideas revolving around the same principle and thereby embodies a common structured liability that focuses at points of distinction in many
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