Criminal Liability of Corporations in Nigeria: A Current Perspective

1994 ◽  
Vol 38 (1) ◽  
pp. 35-45
Author(s):  
Chijioke Okoli
Keyword(s):  
White Collar Crime ◽  
Criminal Liability ◽  
Limited Liability ◽  
White Collar ◽  
Business Community ◽  
Current Perspective ◽  
Recent Origin ◽  
The Law ◽  
Corporate Criminal Liability ◽  
Corporate Personality

The criminal liability of corporations in Nigeria is an often neglected or forgotten aspect of the law, even in many of those cases where its consideration is ordinarily required. The reason for this anomaly is essentially two-fold. Firstly, the concept of distinct corporate personality remains a fiction to most Nigerians. At least in practical terms, even lawyers and members of the business community do not readily conceive the concept as going so far as a limited liability company being criminally liable. And as a matter of fact, the emphatic judicial affirmation of the concept is of relatively recent origin. Even then, the leading Nigerian text on criminal law states that its “exact extent is a matter of some doubt” and “await[s] clear definition”. The second reason is that those crimes for which corporations are most likely to be liable, in the main, are necessarily white-collar in nature. It is a self-evident fact that the attitude of organs of the state to the prevention and prosecution of white-collar offences is generally lukewarm. The pervasive corruption of the Nigerian society, a veritable point of agreement amongst analysts of diverse persuasions and disciplines, is to a considerable extent both the offspring as well as a manifestation of this cavalier attitude to white-collar crime. The result has been the danger of the law on corporate criminal liability falling into desuetude.

scholarly journals White-Collar Crime: Ukrainian Experience of Searching for Optimal Model of Criminal Liability

2018 ◽  
Vol 2 (11) ◽  
pp. 100-116
Author(s):  
Nataliya O. Gutorova
Keyword(s):  
Shadow Economy ◽  
White Collar Crime ◽  
Criminal Liability ◽  
White Collar ◽  
Optimal Model ◽  
Sensitive Issue ◽  
Probable Model ◽  
The Law

The Professor of the Law Institute of Poltava Nataliya O. Gutorova analyses quite a sensitive issue for society – white-collar crime in Ukraine, defining the optimally probable model of criminal liability. The white-collar shadow economy level is rather high in Ukraine – 45.96 % of the GDP and correlates with the respective data of Nigeria. The author’s approach can be related to two aspects: first, prevent excessive criminalization activities; second, effectively punish white-collar criminals. Poltavas Tiesību institūta profesore Natālija Gutorova (Nataliya O. Gutorova) analizē sociāli visai sensitīvu problēmu – t. s. balto apkaklīšu noziedzību Ukrainā, izzinot iespējamo kriminālatbildības optimālo modeli. Ar baltajām apkaklītēm saistītais ēnu ekonomikas līmenis Ukrainā ir visai augsts – 45,96 % no IKP un ir tuvs atbilstošam Nigērijas rādītājam. Autores pieeja ir attiecināma uz diviem aspektiem: pirmkārt, novērst darbību pārlieku kriminalizāciju; otrkārt, efektīvi sodīt baltās apkaklītes par noziegumiem.

Corporate Actions

2021 ◽  
pp. 77-102
Author(s):  
Eva Micheler
Keyword(s):  
Criminal Liability ◽  
Company Law ◽  
Entity Theory ◽  
Real Entity ◽  
The Law ◽  
Corporate Actions ◽  
Human Actors ◽  
Corporate Criminal Liability

This chapter evaluates the rules that determine the attribution of the actions of human actors to companies. These contain elements that demonstrate that company law is designed for the operation of organizations and that therefore a real entity theory is best suited to explain the law as it stands, and also to formulate normative recommendations. Indeed, conceiving companies as serving real entities helps to explain the approach taken by the law in relation to corporate criminal liability. Companies are actors whose acts are sometimes determined by their shareholders and directors. But they do not fully control what companies do. Companies act autonomously through habits and procedures that have formed between the individuals who act for and contribute to them. These procedures cause companies to become independent of their individual actors and can lead to blameworthy conduct.

White-Collar Crime Defence Knowledge: Predictors of Lawyer Fame

2014 ◽  
Vol 13 (01) ◽  
pp. 1450001
Author(s):  
Petter Gottschalk
Keyword(s):  
Regression Analysis ◽  
Statistical Analysis ◽  
White Collar Crime ◽  
White Collar ◽  
Upper Class ◽  
Financial Crime ◽  
Statistical Regression ◽  
Legal Principles ◽  
Independent Variables ◽  
The Law

The white-collar crime attorney is a lawyer who is competent in general legal principles and in the substantive and procedural aspects of the law related to upper-class financial crime. Based on a sample of 310 convicted white-collar criminals and their defence lawyers, this paper presents results from statistical analysis of relationships between crime characteristics and defence characteristics to predict lawyer fame. Statistical regression analysis was applied to the sample, where amount of crime money and years in prison represent crime characteristics, while number of client cases and lawyer income represent defence characteristics. About 91% of the variation in attorney fame is explained by these four independent variables.

scholarly journals Corporate Conception in Terrorism Based on Act No. 5 Of 2018

2019 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Parikhesit Parikhesit ◽  
Gunarto Gunarto ◽  
Maryanto Maryanto
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Corporate Accountability ◽  
Corporate Board ◽  
Criminal Offense ◽  
The Third ◽  
The Law ◽  
Corporate Criminal Liability

Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.

scholarly journals Can the General Fraud Offence ‘Get the Law Right’?: Some Perspectives on the ‘Problem’ of Financial Crime

2007 ◽  
Vol 71 (1) ◽  
pp. 36-53 ◽  
Author(s):  
Gary Wilson ◽  
Sarah Wilson
Keyword(s):  
Criminal Law ◽  
Policy Making ◽  
White Collar Crime ◽  
Criminal Policy ◽  
White Collar ◽  
Financial Crime ◽  
Solicitor General ◽  
Financial Crimes ◽  
The Law ◽  
Academic Study

The Fraud Bill, which received Royal Assent on 8 November 2006, created an offence of fraud in English criminal law which marks a departure of utmost significance from the approach adopted hitherto, whereby a number of related offences cover behaviour deemed to amount to fraud. To mark the passage of the Fraud Act 2006 into law, this article examines the references which were made during its consideration in Parliament to fraud as activity which is serious and which is often erroneously portrayed as ‘victimless' crime. In joining these key criminal policy-making debates with academic study of white-collar crime, it will be suggested that as yet too little attention is being paid to ‘ambiguous' popular perceptions of financial crimes for there to be confidence that the fraud offence will, in the words of the current Solicitor-General, ‘get the law right’.

scholarly journals CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS

2020 ◽  
Vol 5 (20) ◽  
pp. 69-79
Author(s):  
Rr. Dijan Widijowati ◽  
Halim Darmawan
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Limited Liability ◽  
Secondary Data ◽  
Company Law ◽  
Analysis Method ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
Civil Recovery ◽  
Financial Losses

Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.

scholarly journals WHITE COLLAR CRIME (KEJAHATAN KERAH PUTIH) DALAM PENEGAKAN HUKUM PIDANA

2019 ◽  
Vol 3 (1) ◽  
pp. 28-38
Author(s):  
Syahdi Buamona
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
White Collar Crime ◽  
White Collar ◽  
Government Bureaucracy ◽  
The Law ◽  
The Impact

this paper analyzes several problems, namely what is the white collar crime and how the white collar crime in criminal law enforcement. using the method used is normative juridical as for the results of the research, first, white collar crime is basically done by certain people who have a position, occupation, and position and are well-known in the life of society. The officials actually use their power in the wrong way, without paying attention to the impact on society and the country. Second, in the aspect of criminal law enforcement, white-collar crime is a crime in a position offense as a criminal event committed by people who work for a government bureaucracy and / or cooperate with other people. As a result of their actions, as well as criminal acts of corruption will be detrimental to state finances and declared an act that violates the law, both in the form of violations and crimes regulated by law.

Die Normgenese des Unternehmensstrafrechts. Eine Fallstudie anhand des österreichischen Verbandsverantwortlichkeitsgesetzes (VbVG) / The law-making process of corporate criminal liability. A case study on the basis of the Austrian corporate responsibility act

2014 ◽  
Vol 34 (1-2) ◽  
Author(s):  
Walter Fuchs
Keyword(s):  
Corporate Responsibility ◽  
Criminal Liability ◽  
The Law ◽  
Corporate Criminal Liability ◽  
Law Making

ZusammenfassungEine Kriminalisierung kollektiver Akteure ist für das Strafrechtsverständnis in deutschsprachigen Ländern immer noch ein ungewöhnliches Instrument. Dennoch gibt es mittlerweile eine supranationale Verpflichtung der Mitgliedsstaaten der Europäischen Union, juristische Personen unter Androhung punitiver Sanktionen für bestimmte Straftaten verantwortlich machen zu können. Dieser Aufsatz untersucht die Entstehungsgeschichte des öster­reichischen Unternehmensstrafrechts mit Hilfe eines heuristischen Rahmens, der von der Feld- und Habitustheorie Bourdieus inspiriert ist, sich aber auch diskurs- und systemtheoretischen Einsichten verdankt. Er versteht sich damit als Beitrag zu einem wenig erschlossenen Gebiet der sozialwissenschaftlichen Rechtsforschung nämlich der Normgenese im Be­reich des Wirtschaftsstrafrechts.

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