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Corporate Criminal Liability

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Recommended: Theories of corporate criminal liabilty

In order to talk about corporate criminal liability, we must demonstrate that the success of the establishment of this liability resulted from its acceptance and recognition as a significant aspect in the fight against crime. This recognition resulted from numerous debates over many years about corporate criminal liability.
The successful implementation of corporate criminal liability depends on determining its appropriate scope, including liability at all stages of legal existence from incorporation to liquidation.
Jurists have not agreed on a unified concept of criminal liability for legal persons. Some jurists emphatically deny the possibility of corporate legal person being criminally accountable for the crimes committed by it on the …show more content…

So, the corporation does not exist, if it violates the purpose of its established.
Professor "Mestre" stated that the legal personality of the corporation is not general, unlike the legal personality of natural persons. The corporation is confined to the social or economic purposes according to the law that determines their existence and liquidation. The principle of specialization makes the corporation unable to commit crimes, because it does not exist outside the circle of its activity and environment.
Further, the jurist “Rassat" observed that the principle of specialization was established in order to prevent corporations from committing crimes and being accountable under criminal law.Representatives or employees of a corporation might commit criminal acts under the corporation’s name and on its account. A corporation itself cannot commit those acts. Agents of the corporation may also be involved in activities punishable by law, such as the import of narcotic substances, or spoiled and counterfeit foods or financing terrorist operations. He also considered the criminal liability of the representatives or employees of the corporation for such criminal acts, even if such acts are committed for the corporation benefit. The legal responsibility here is a personal responsibility because the crimes are beyond the corporation’s …show more content…

The theory assumes that the subjects of rights are not limited to belong merely to human beings but to every being that possesses a will and life of its own. As such, being a juristic person and as ‘alive’ as the human being, a corporation is also subjected to rights. Under the realist theory, a corporation exists as an objectively real entity and the law merely recognizes and gives effect to its existence. The realist jurists also contend that the law has no power to create an entity but merely having the right to recognize or not to recognize an

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