Cracking down on corporate crime? The disappearance of corporate criminal liability legislation in Canada

2013 ◽  
Vol 11 (2) ◽  
pp. 45-62 ◽  
Author(s):  
Steven Bittle
Keyword(s):  
Corporate Crime ◽  
Criminal Liability ◽  
Corporate Criminal Liability

Revealing the unexplained wealth in Indonesian corporation

2019 ◽  
Vol 27 (1) ◽  
pp. 29-42
Author(s):  
Anastasia Suhartati Lukito
Keyword(s):  
Crime Prevention ◽  
Legal System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Ethical Business ◽  
Content Type ◽  
Business Values ◽  
Illegal Activities ◽  
Asset Forfeiture ◽  
Corporate Criminal Liability

Purpose The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition. Design/methodology/approach This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach. Findings Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values. Practical implications This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture. Originality/value This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

scholarly journals Corporate Criminal Liability in India

2021 ◽  
Vol 8 (1) ◽  
pp. 31-48
Author(s):  
Pradeep Kumar Singh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Money Laundering ◽  
Justice System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Strict Liability ◽  
Business Environment ◽  
Corporate Body ◽  
Corporate Criminal Liability

In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability

A Pragmatic Critique of Corporate Criminal Theory

2013 ◽  
Vol 16 (2) ◽  
pp. 261-299 ◽  
Author(s):  
James G. Stewart
Keyword(s):  
Criminal Justice ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Added Value ◽  
Core Questions ◽  
The Many ◽  
Legal Pragmatism ◽  
Corporate Criminal Liability ◽  
Individual Criminal Responsibility

Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers. This article criticizes all sides of these debates, using examples from the frontiers of international criminal justice. In particular, it highlights the shortcomings of corporate criminal theory to date by examining the latent possibility of prosecuting corporate actors for the pillage of natural resources and for complicity through the supply of weapons. Throughout, the article draws on principles derived from philosophical and legal pragmatism to reveal a set of recurring analytical flaws in this literature. These include: a tendency to presuppose a perfect single jurisdiction that overlooks globalization, the blind projection of local theories of corporate criminal responsibility onto global corporate practices, and a perspective that sometimes seems insensitive to the plight of the many who have fallen victim to corporate crime in the developing world. To begin anew, we need to embrace a pragmatic theory of corporate criminal liability that is forced upon us in a world as complex, unequal, and dysfunctional as that we presently inhabit.

scholarly journals International Corporate Prosecutions

2019 ◽  
pp. 418-436
Author(s):  
Brandon Garrett
Keyword(s):  
United States ◽  
Corporate Crime ◽  
Criminal Liability ◽  
The United States ◽  
Criminal Cases ◽  
The World ◽  
Settlement Negotiations ◽  
Corporate Criminal Liability

This chapter deals with corporate prosecutions around the world, focusing on the approach adopted by federal prosecutors in the United States in which settlement negotiations with companies are resolved, either through a plea agreement or agreements entered largely out of court and without judicial oversight. These agreements, called deferred and non-prosecution agreements, have added new flexibility but also some additional uncertainty to the practice of corporate prosecutions. Before discussing how this U.S. approach has altered the international corporate prosecution landscape, the article considers varying standards for corporate criminal liability. It then examines underlying corporate crimes and how standards and enforcement approaches may vary depending on the type of crime, settlement approaches toward corporate criminal cases, criticisms of corporate crime settlement approaches, and international approaches and cooperation in corporate crime cases. It also explains how corporate or entity-based criminal liability is limited and unavailable for many types of crimes in most countries.

The Criminal Liability of Corporations and Scots Law: Learning the Lessons of Anglo-American Jurisprudence

2000 ◽  
Vol 4 (1) ◽  
pp. 46-73 ◽  
Author(s):  
Richard Mays
Keyword(s):  
Corporate Crime ◽  
Social Economic ◽  
Criminal Liability ◽  
The Social ◽  
Anglo American ◽  
Corporate Criminal Liability

It is the contention of this article that Scotland, in response to the social, economic and physical dangers of corporate crime, requires a properly constructed framework of corporate criminal liability based on ideas drawn from Anglo-American jurisprudence. A proposal for such a framework is put forward and explained.

scholarly journals Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup Ditinjau dari Undang-undang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 678-682
Author(s):  
Kadek Dicky Candra Mahendra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Environmental Pollution ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Inductive Logic ◽  
Living Environment ◽  
Primary Data ◽  
Criminal Sanctions ◽  
Library Research ◽  
Corporate Criminal Liability ◽  
Research Type

Human activities that are less controlled, make a clean and healthy living environment less and less, this is because the earth is currently getting older and the activities of humans themselves are not properly preserving the environment. Humans have a role and responsibility to empower the environment to maintain the ecosystem. However, the current reality is that most environmental crimes often involve corporations. This study aims to examine the regulation of criminal acts by corporations in the perspective of the Copyright Act and to reveal criminal sanctions against corporations that commit acts of environmental pollution in terms of the Copyright Act. This research uses a normative research type, with a Legislative approach. As for what is used as primary data, namely Law Number 32 of 2009, Law Number 11 of 2020 concerning Job Creation is the legal basis for knowing criminal arrangements and criminal sanctions against corporate criminal liability for environmental pollution in terms of the work copyright law. Data were collected using library research techniques. After the research data has been collected, it is processed by elaboration, namely combining the sources of the primary, secondary and tertiary legal materials with deductive and inductive logic. The results of this study indicate that corporate crime is essentially a functional act and is in the form of an inclusion offense. The criminal sanction of imprisonment is 1/3 to the management of the corporation.

scholarly journals PERTANGGUNGJAWABAN PIDANA MEDIA OT ATAS PEMBERITAAN TIDAK BENAR BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG PERS

2019 ◽  
Vol 26 (2) ◽  
pp. 294
Author(s):  
Katon Fajar Maulana ◽  
Ami Setyaningrum
Keyword(s):  
Corporate Crime ◽  
Criminal Liability ◽  
Chief Editor ◽  
Online Media ◽  
Presumption Of Innocence ◽  
The Press ◽  
The Us ◽  
The Media ◽  
Article 5 ◽  
Corporate Criminal Liability

The purpose of this paper is to deeply understand criminal offense committed by the press for having announces that chief editor of the private television has caught by KPK hand fishing operation with the aim of making bombastic news, of course, the mass media in this case OT media will have a huge advantage over the news. The results showed that OT media in informing the US was caught in the KPK hand fishing Operation (KPK HFO) be accountable for their crime by the Press Law because; Based on the news that is not true, which stating that the US was caught KPK, the online media has violated Article 5 (1) of the Press Law, which determines that the national press is obliged to proclaim the events and opinions with respect religious norms and a sense of decency community as well as the presumption of innocence. In this case the media OT violates the presumption of innocence; Media OT does not carry out the role of the press as set forth in the provisions of Press law Article 6 letter C, which develop public opinion based on information that is precise, accurate, and true. Coverage improper done by media OT impressed incite people to cause controversy among the public; to determine Corporate criminal liability of the OT media is by using the theory of criminal liability Vicarious Liability, because the subject is corporate crime after the devolution of criminal liability of its officers, in this case the editor in chief in accordance with the explanation of Article 12 in conjunction with Article 18 of the Press Law. Based on the Fault made by the OT media, the online media can be penalized as provided for in Article 18 of the Press Law, which is subject to a maximum fine of Rp. 500,000,000.00.

scholarly journals Corporate Crime and Corporate Criminal Liability in Indonesia Positive Law

2021 ◽  
Vol 4 (2) ◽  
pp. 20-30
Author(s):  
Zulkarnain Zulkarnain ◽  
I Nyoman Nurjaya ◽  
Bambang Sugiri ◽  
Ismail Navianto
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
The Other ◽  
Positive Law ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
The Relationship

Corporate crime is a unique crime against which excellent deterrence should be combated. However, these efforts are inversely proportional to the criminal law policies that serve as the basis for their implementation. The KUHP, the key pillar of the statute, merely acknowledges natural persons as subjects of criminal law. And they do not regard companies as criminal law topics. Crime laws must also be renewed. On this basis, a criminal policy will be discussed in Indonesia about the criminal liability scheme. The results of studies indicate that criminalization of all types of corporate crime was regarded as a crime according to positive criminal law in Indonesia. The relationship between one and the other criminal code differs however. The Criminal Code notes that the crime modes sometimes perpetrated by the companies were considered a criminal offense but should be performed by a normal individual. In other words, it may be claimed that companies have not been considered subjects of criminal law by the Criminal Code. However, in some criminal law laws out of the Criminal Code, companies have been treated as targets of criminal legislation and should be responsible for their acts. In Indonesia, the criminal liability scheme introduced by the Positive Legislation seeks to identify and delegate hypotheses where the errors and the source of authorities they have are assessed. The requirements in one criminal law and the other, however, are comprehensively different. For instance, a criminal must not be the manager, but someone who does anything in or for the sake of a company and the act is carried out within the framework of a corporation. It is not, however, expressly specified by the draft Law on the Criminal Code that the criminal is convicted so as to understand that the criminal is not liable for the crime he commits because criminal liabilities were transferred to the company. The draft Criminal Code Act (RKUHP) has accommodated companies as subjects of criminal law and arranged procedures for criminal liability. It can be seen from the principle of the renewal of criminal law that future criminal law would regard business offences as criminal actions and that penal penalties will be imposed on the company. The established provisions clearly show that the model and philosophy embraced are the doctrines of vicarious responsibility, even though there are shortcomings in the model.

scholarly journals Corporate Crime and Plea Bargains

2017 ◽  
Vol 11 (1) ◽  
pp. 119-133
Author(s):  
Uriel Procaccia ◽  
Eyal Winter
Keyword(s):  
Human Nature ◽  
Criminal Behavior ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Point Of View ◽  
Legal Capacity ◽  
Human Beings ◽  
Legal Subjectivity ◽  
Capacity To Act ◽  
Corporate Criminal Liability

Abstract Corporate entities enjoy legal subjectivity in a variety of forms, but they are not human beings. Hence, their legal capacity to bear rights and obligations of their own is not universal. This article lays out a stylized model that explores, from a normative point of view, one of the limits that ought to be set on corporate capacity to act “as if” they had a human nature − the capacity to commit crime. Accepted wisdom states that corporate criminal liability is justified as a measure to deter criminal behavior. Our analysis supports this intuition in one subset of cases, but also reveals that deterrence might in fact be undermined in another subset of cases, especially in an environment saturated with plea bargains involving serious violations of the law.

scholarly journals Corporate Criminal Liability for Criminal Acts of Corruption

2021 ◽  
Vol 8 (1) ◽  
pp. 48
Author(s):  
Muhammad Ridwan Lubis ◽  
Panca Sarjana Putra ◽  
Yasmirah Mandasari Saragih
Keyword(s):  
Research Methods ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Strict Liability ◽  
The State ◽  
Loss Of Life ◽  
The Law ◽  
Corporate Criminal Liability ◽  
Financial Losses

The practice of this criminal act of corruption that involves corporations is an extraordinary crime and is very detrimental to the state. The direct consequences of these crimes to society are financial losses, job losses, and even loss of life due to the crisis. Researchers use normative juridical research methods with 3 (three) approaches to examine two problems discussed with normative research methods. It was found that corporate crime against corruption contained five theories of strict liability according to the law (strict liability) where historically the law began to pay more attention and the principle of absolute responsibility as a punishment needed to prevent retaliation then changed. be a responsibility based on the element of error

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