Corporate Criminal Liability in India

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

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

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.

A Preliminary Assessment of Rural Corruption in China

Rural-related corruption in China manifests itself differently in terms of different forms and intensity over time. The preliminary findings indicate that rural-related corruption in China is a particular type of white-collar crime. It embraces a mixed dimension of political crime, economic crime, corporate crime, environmental crime, and crimes within social control systems, such as the police. The time series analysis demonstrates an increase of diversity and intensity of this corruption. It also shows that rural corruption is dynamic and its dynamics have evolved significantly over time. An analysis of the historical context identifies three distinctive stages of rural-related corruption (1995-2007; 2008-2012, and 2013-2017), from acknowledgement of the issue, to issue outbreak, to a "rampant" stage, all with consistent determinants and explanations. Evidence shows that Chinese national land use policy is among the leading explanations of rural corruption. The majority of other types of rural corruption also are rooted in land-related issues. The causes of corruption in rural China have both institutional and individual behavioral explanations, which distinguishes them from the explanations of general corruption. General criminological explanations of corruption must be modified to fit a rural context and the unique histories of particular society, which in this case, is China.

Legal entities' crime prevention: Foreign experience and prospects of application in Ukraine

The relevance of the problem under study lies in the fact that crime among legal entities is currently increasing in the countries of the world. This phenomenon is extremely dangerous, because corporate crime is associated with the commission of economic crimes – the legalisation of illegally obtained income and corruption, both of which negatively affect the economy of an individual state and the global economy. To prevent crime among legal entities, governments of countries need to take measures aimed at countering corporate crime, take advantage of technological advance in detecting and preventing offences among legal entities. The purpose of this study is to identify the features of measures to prevent corporate crime in foreign countries, to analyse the prospects for applying the experience of other states in developing their effective counteraction measures. Innovative approaches and methods that will increase the effectiveness of measures to combat corporate crime were also proposed. The leading methods employed in this study are theoretical: the study of scientific literature, as well as regulatory documents to clarify the state of the problem under study. Analysis, synthesis, comparison, generalisation, and modelling were used, which allowed describing the terminology. Furthermore, the system method, dialectical, and historical analysis methods were used in the study of regulations, also including such special methods as the method of legal interpretation, the method of legal forecasting. The result of the present paper is the identification of the importance of corporate crime prevention, effective measures that are applied to legal entities to detect and prevent corporate crime. As a result of this study, possible measures aimed at preventing corporate crime were proposed, considering the positive experience of foreign countries. Having analysed the state of corporate crime in other countries of the world, the authors conclude that Ukraine should implement measures to prevent crimes among legal entities to reduce the number of offences and increase the level of the national economy

International regime complexes and corporate crime: a research agenda based on the Volkswagen diesel fraud case

Criminological literature has often pointed to the absence or weakness of existing international regulation as important explanatory factors of corporate crime in global markets. This paper addresses the presence of multiple parallel, nested and overlapping regulatory regimes, and explores how such international regime complexity creates pathways to corporate crime. We use the Volkswagen diesel fraud case as a plausibility probe to illustrate such pathways to corporate crime. Our tentative analysis suggests that Volkswagen’s fraud in the US cannot be seen as independent of the EU regulatory regime, which was more lenient and offered various opportunities for creative compliance. We conclude that a regime complexity perspective is a promising addition to existing explanations of corporate crime in international settings and suggest a research agenda for future in-depth analyses of the implications of parallel and conflicting regulatory regimes for corporate crime.