Criminal Liability In Regulatory Contexts
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Criminal Liability In Regulatory Contexts
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2010-08-25
Criminal Liability In Regulatory Contexts written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-25 with Law categories.
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and how to use the criminal law to tackle serious wrongdoing, and (iii) existing low-level criminal offences should be repealed where civil penalties could be as effective.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.
Regulating Corporate Criminal Liability
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Author : Dominik Brodowski
language : en
Publisher: Springer
Release Date : 2014-06-30
Regulating Corporate Criminal Liability written by Dominik Brodowski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-30 with Law categories.
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.
Corporations And Criminal Responsibility
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Author : Celia Wells
language : en
Publisher: Oxford University Press, USA
Release Date : 1993
Corporations And Criminal Responsibility written by Celia Wells and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Corporation law categories.
Public toleration of corporate harms is evaporating: deaths and injuries at work and transport accidents increasingly prompt call for prosecution of a corporation. Should corporations be punished? This new book draws on philosophical, cultural, and psychological factors in considering arguments about the criminal liability of corporations. Justifications for criminal punishment and the underlying bases of criminal responsibility are described in the context of corporate activities, and the system of regulation and control of corporate harm through, for example, health and safety legislation, is examined and contrasted with conventional enforcement of criminal laws. Public perception of corporate harms is explored from a number of perspectives including the institutional framework of inquests and public inquiries. The book also includes a full analysis of the trial of P & O on manslaughter charges following the Herald of Free Enterprise disaster.
Fault In Criminal Law
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Author : Alan Reed
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-22
Fault In Criminal Law written by Alan Reed and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-22 with Law categories.
This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.
Kent W Roach
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Author : Regulatory and Corporate Liability
language : en
Publisher: Canada Law Book
Release Date :
Kent W Roach written by Regulatory and Corporate Liability and has been published by Canada Law Book this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Rethinking Corporate Crime
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Author : James Gobert
language : en
Publisher: Cambridge University Press
Release Date : 2003-03
Rethinking Corporate Crime written by James Gobert and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03 with Law categories.
Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.
Corporations Crime And Accountability
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Author : Brent Fisse
language : en
Publisher: Cambridge University Press
Release Date : 1993
Corporations Crime And Accountability written by Brent Fisse and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.
Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.
Towards Corporate Liability In International Criminal Law
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Author : Desislava Stoitchkova
language : en
Publisher:
Release Date : 2010
Towards Corporate Liability In International Criminal Law written by Desislava Stoitchkova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Originally presented as the author's thesis (Ph.D.)--Utrecht University, 2010.
European Developments In Corporate Criminal Liability
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Author : James Gobert
language : en
Publisher: Taylor & Francis
Release Date : 2011-06-10
European Developments In Corporate Criminal Liability written by James Gobert and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-10 with Law categories.
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.
Corporate Criminal Liability
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Author : Leonard Orland
language : en
Publisher:
Release Date : 2004
Corporate Criminal Liability written by Leonard Orland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Corporations categories.
As never before, corporate counsel must understand new corporate criminal statutes, prosecution policy statements, and corporate sentencing guidelines. Corporate Criminal Liability: Regulation and Compliance is a clear and precise resource that provides exclusive insight into these issues by examining the relationship between corporate misconduct and criminal law from the corporate governance perspective. This invaluable resource takes on what is an occasionally bewildering array of federal legal mechanisms, providing exclusive, authoritative analysis on issues including: Practical suggestions for how corporate lawyers and executives should deal with the new substantive and procedural rules that regulate corporate conduct and apply harsh criminal penalties Reliable analysis of the unique substantive and procedural rules of criminal liability of the corporate entity In-Depth examination of post-Enron legislation Clear, concise explanations, In non-technical terms, Of the fundamental principles of federal criminal law And The complexities of federal administrative, civil, and criminal corporate regulatory systems In addition, Corporate Criminal Liability: Regulation and Compliance proexamines and explicates every relevant aspect of law, policy, and litigation, including: The nature of corporate criminal liability Recently issued Justice Department Guidelines for Prosecution of Corporations Guidelines for Sentencing of Organizations of the United States Sentencing Commission All criminal statutes the major federal regulatory economic areas the broad scheme of overlapping administrative, civil, and criminal federal regulation