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Corporate Criminal Liability

Emergence, Convergence, and Risk

  • Mark Pieth
  • Radha Ivory

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 9)

Table of contents

  1. Front Matter
    Pages i-xv
  2. The Analytical Framework

    1. Front Matter
      Pages 1-1
  3. Country Reports

  4. Conclusions

    1. Front Matter
      Pages 391-391

About this book

Introduction

With industrialization and globalization, corporations acquired the capacity to influence societies for better or worse. 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. This volume surveys current practice on CCL in diverse 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 domestic CCL laws are converging around the notion of “due diligence” and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Keywords

ACHR AfChHPR CCL Civil Law Jurisdictions Common Law Jurisdictions Comparative Criminal Law Corporate Crime Corporate Criminal Liability Corporate Culture Corporate Offenders Corporate Risk Corporations Criminal Justice Criminal Law Criminal Liability Criminal Norms ECHR Fictional Persons Globalisation Human Rights ICCPR Liability Moral Guilt Sanctioning Separate Entity Principle Social Life Vicarious Liability

Editors and affiliations

  • Mark Pieth
    • 1
  • Radha Ivory
    • 2
  1. 1., Faculty of LawUniversity of BaselBaselSwitzerland
  2. 2., Faculty of LawUniversity of BaselBaselSwitzerland

Bibliographic information

Industry Sectors
Pharma
Consumer Packaged Goods