Overview

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.

Full Product Details

Author:   Mark Pieth ,  Radha Ivory
Publisher:   Springer
Imprint:   Springer
Edition:   2011 ed.
Volume:   9
Dimensions:   Width: 15.50cm , Height: 2.10cm , Length: 23.50cm
Weight:   0.629kg
ISBN:  

9789400735934

ISBN 10:   9400735936
Pages:   396
Publication Date:   29 May 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.
Language:   English, French & Spanish

Table of Contents

Preface.- Table of Contents.- List of Abbreviations.- Part I The Analytical Framework.- Emergence and Convergence: Corporate Criminal Liability Principles in Overview; Mark Pieth and Radha Ivory.- Part II Country Reports.- Corporate Criminal Liability in the United States: Is a New Approach Warranted?; Ved P. Nanda.- Corporate Criminal Liability in England and Wales: Past, Present, and Future; Celia Wells.- Corporate Criminal Liability in Scotland: The Problems with a Piecemeal Approach; Findlay Stark.- Corporate Criminal Liability in France; Katrin Deckert.- Corporate Criminal Liability in the Netherlands; Berend F. Keulen and Gritter.- La responsabilité pénale de l’entreprise en droit Suisse ; Bertrand Perrin.- Corporate Criminal Liability in Germany; Martin Böse.- Societas Delinquere Potest? The Italian Solution; Cristina de Maglie.- La Responsabilidad de las Personas Jurídicas en el Derecho Penal Español ; Miguel Ángel Boldova and María Ángeles Rueda.- Principales Aspectos de la Nueva de Responsabilidad Penal de las Personas Jurídicas en Chile (Ley Nº20.393); Nelly Salvo. Corporate Criminal Liability in Hungary; Ferenc Santhaand Szilvia Dobrosci.- Why the Czech Republic Does not (yet) Recognize Corporate Criminal Liability: A Description of Unsuccessful Law Reforms; Jiří Jelínek and Karel Beran.- The Recognition of Legal Persons in International Human Rights Instruments: Protection Against and Through Criminal Justice?; Piet Hein van Kempen.- Part III Conclusions.- Final Remarks: Criminal Liability and Compliance Programs; Mark Pieth.

Reviews

From the reviews: The work explores the various forms and types of corporate criminal liability and examines the procedures necessary to achieve conviction and the sanctions attached to the same. ... this work is to be highly recommended for academics and students who have an interest in the comparative study of corporate criminal liability. ... the commentaries attached to the various jurisdictions provide the reader with an interesting and informative analysis of the development and emergence of rules relating to corporate criminal liability in individual states. (Stephen Griffin, International Company and Commercial Law Review, Vol. 23 (9), 2012)

From the reviews: The work explores the various forms and types of corporate criminal liability and examines the procedures necessary to achieve conviction and the sanctions attached to the same. ... this work is to be highly recommended for academics and students who have an interest in the comparative study of corporate criminal liability. ... the commentaries attached to the various jurisdictions provide the reader with an interesting and informative analysis of the development and emergence of rules relating to corporate criminal liability in individual states. (Stephen Griffin, International Company and Commercial Law Review, Vol. 23 (9), 2012)

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