ISSN 2581-5369

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Corporate Criminal Liability And the Way Forward

by | May 15, 2020

Abstract: In the era of modernisation and technological evolution, corporate criminal liability has emerged as an area that needs a definite determination. A huge outrage in malfeasance on the part of large corporations, and the difficulty in attributing ‘mens rea’ to an artificial person like a company, has resulted in great lacunas in contemporary criminal law. Even where this is overcome by treating corporations as ‘natural person’ for the purpose of the criminal act, limitations like no deterrence value by means of punishment prove to be challenging. This paper seeks to explore the role of corporations in economic crime and answer the question as to whether a corporation can vicariously be held liable for the actions of its employees and agents, especially when both the corporation and its shareholders materially profit from the criminal act. This question regarding the criminal liability of corporations opens doors to an extensive interpretation of corporate responsibility. The paper propounds upon the various theories on corporate criminal liability applicable worldwide. The paper seeks to show the transformation in the sphere of corporate criminal liability by elaborating upon judicial precedents over the course of time.
Keywords: Corporation, Criminal liability, Legal person, mens rea, vicarious liability, deterrence.

Strict Laws V. Better Implementation

by | Jan 13, 2020

If a choice had to be made to administer justice more effectively and increase public confidence, protect the rights of both the parties while rendering a just verdict which is duly enforced, mere alterations, superimpositions or enhancements (for better or worse) in legislation is not going to effect the practical inefficacy of the institutional frameworks that so ardently require reform. I would like to propose a permutation of the distinct categories of strict laws and better implementation to arrive at strict implementation of laws. Justice delayed is justice denied should be kept in mind and reforms introduced accordingly, to prevent frustration of justice and passing of liabilities and rights intergenerationally like heirlooms , as was characteristic of the feudal societies.