Senior Corporate Managers’ Criminal Liability for the Crimes of Employees or Agents

Abstract

It has long been possible to hold an individual company director criminally liable for a crime committed by their company if the director ‘consented to or connived at’ the commission of the crime or, in some instances, simply if the crime was attributable to the director’s individual neglect. We consider the theoretical basis for such liability, setting the discussion in the light of more general developments in the law of criminal complicity. We suggest that the theoretical basis justifies extending such directorial liability to cases in which a director has consented to or connived at the commission of a crime by an individual employee under their control. By contrast, we cast doubt on the justification for imposing individual liability on directors for crimes committed by others (including their company), solely on the grounds that the commission of the offence was attributable to individual neglect.

Keywords: criminal law, vicarious liability, complicity, law reform, corporate wrongdoing, joint enterprise