Research scholar at Dr. BR Ambedkar College of Law Andhra University, India
Associate Professor at Dr. BR Ambedkar College of Law Andhra University, India
It is a fallacy to believe that only humans are capable of committing a crime. An artificial person, like a business, is a separate legal entity that can conduct crimes. It was formerly thought that a company could not commit any crimes in the 16th and 17th centuries. There were several inconsistencies in the notion of a corporation being a separate legal entity with its own soul and body. As a result, they are unable to commit any criminal or objectionable behavior for which they may be held responsible. However, the notion of corporate criminality has increasingly gained traction. Various rulings, such as Standard Charter Bank V. Directorate of Enforcement, have established liability. It was recognized that a business might commit a crime through its agents and be held responsible. The notion of corporate criminal responsibility stems from a Latin adage, Actus non facitreum, nisi mens sit rea, which states that in order to hold someone responsible, it must be proven that they committed an act or omission that was illegal and done with a guilty mind.
Research Paper
International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 2911 - 2920
DOI: https://doij.org/10.10000/IJLMH.111653This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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