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Author : Richard S. Gruner
Publisher : Law Journal Press
Page : 1408 pages
File Size : 44,9 Mb
Release : 2004
Category : Business & Economics
ISBN : 1588521257
The book instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.
Author : Mark Pieth,Radha Ivory
Publisher : Springer Science & Business Media
Page : 396 pages
File Size : 54,5 Mb
Release : 2011-04-20
Category : Law
ISBN : 9789400706743
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.
Author : Dominik Brodowski,Manuel Espinoza de los Monteros de la Parra,Klaus Tiedemann,Joachim Vogel
Publisher : Springer
Page : 360 pages
File Size : 49,5 Mb
Release : 2014-06-30
Category : Law
ISBN : 9783319059938
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.
Author : Santiago Wortman Jofre
Publisher : BRILL
Page : 69 pages
File Size : 53,8 Mb
Release : 2019-08-26
Category : Law
ISBN : 9789004407749
In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain Santiago Wortman Jofre presents a case study in which he analyses the regulation on compliance as deterrent for corporate criminality. He also examines the role of criminal justice and offers a view on the incentives to prevent corporate criminality.
Author : Richard S. Gruner
Publisher : MICHIE
Page : 1200 pages
File Size : 42,7 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060918427
Author : Zhenjie Zhou
Publisher : Routledge
Page : 204 pages
File Size : 49,8 Mb
Release : 2014-09-19
Category : Business & Economics
ISBN : 9781317632832
Corporate crime in China has garnered worldwide attention and in the recent years we have witnessed positive legislative and administrative efforts by the Chinese government to prevent corporate misconducts. This book first defines the meaning of corporate crime in China and answers the basic questions of what corporate crime is through real life cases. Then, it introduces the history of corporate crime and reviews academic studies through these key questions. The book also discusses the scope of corporate crime, the basis of corporate criminal liability, the criminal liability of State organizations, the corporate compliance programs and corporate criminal liability and the procedural issues. The book also provides suggestions from a comparative perspective by referring to the latest global developments on corporate crime. In the concluding chapter, the book discusses the goals of corporate crime prevention policy and comes up with feasible reform proposals with a brief summary on the existing problems of the current policies through a macro perspective. There is no existing book that deals with the legislation and criminal justice practices of corporate crime in China and this book will help to shed insight into the subject.
Author : Peter J. Henning
Publisher : Unknown
Page : 128 pages
File Size : 41,7 Mb
Release : 2020
Category : Corporation law
ISBN : 1539287114
Author : James Gobert,Ana-Maria Pascal
Publisher : Taylor & Francis
Page : 381 pages
File Size : 53,6 Mb
Release : 2011-06-10
Category : Law
ISBN : 9781136741517
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.
Author : James Gobert,Maurice Punch
Publisher : Cambridge University Press
Page : 422 pages
File Size : 40,8 Mb
Release : 2003-03
Category : Law
ISBN : 0406950067
Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.
Author : Brandon L. Garrett
Publisher : Harvard University Press
Page : 400 pages
File Size : 51,5 Mb
Release : 2014-11-03
Category : Law
ISBN : 9780674744615
American courts routinely hand down harsh sentences to individuals, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States.
Author : Celia Wells
Publisher : OUP Oxford
Page : 216 pages
File Size : 55,8 Mb
Release : 2001-05-24
Category : Law
ISBN : 9780191018770
Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety and their inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panoptic approach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature. Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate these changes. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 258 pages
File Size : 50,5 Mb
Release : 2010-08-25
Category : Law
ISBN : 0118404938
In this consultation paper, the Law Commission sets out the case for reducing the scope for criminal law to be used in regulated fields such as farming, food safety, banking and retail sales. Criminal sanctions should only be used to tackle serious wrongdoing and it is out of proportion for regulators to rely wholly on the criminal law to punish and deter activities that are merely 'risky', unless the risk involved is a serious one. There has been a steep increase in the number of criminal offences created since the late 1980s to penalise risk-taking. The areas regulated cover a wide range of risk-posing activities, and involve millions of people and thousands of businesses. By turning to civil penalties for minor breaches, regulators could reduce costs to themselves and the criminal justice system by £11 million a year. In some cases, criminal prosecution can cost almost twice what the courts obtain in fines. The paper proposes that: (i) regulatory authorities should make more use of cost-effective, efficient and fairer civil measures to govern standards of behaviour; (ii) a set of common principles should be established to help agencies consider when and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective. Where criminal offences are created in regulatory contexts, they should require proof of fault elements such as intention, knowledge, or a failure to take steps to avoid harm being done or serious risks posed.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 44,9 Mb
Release : 2015
Category : Law
ISBN : OCLC:1167520475
Author : Amanda Pinto,Martin Evans
Publisher : Unknown
Page : 407 pages
File Size : 49,9 Mb
Release : 2021
Category : Corporation law
ISBN : 0414087097
Author : Amanda Pinto,Martin Evans
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2020
Category : Corporation law
ISBN : 0414075285
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.