Bridging the Theoretical Gap: The Search for a Realist Model of Corporate Criminal Liability
Posted: 4 Mar 2009 Last revised: 15 Oct 2009
Date Written: February 26, 2009
It is over 30 years since the seminal decision of the House of Lords in Tesco Supermarkets Ltd v. Nattrass articulated the identification doctrine as the basis for corporate criminal liability in many common law countries. During that time, Tesco has been consistently criticised as ill-suited to modern, de-centralised corporate structures. Although the courts have introduced some flexibility into the doctrine, they have remained wedded to derivative liability as the basis for corporate fault, and have proved unable to develop a model of liability which reflects the unique nature of the corporate defendant.
Keywords: criminal law, corporate wrongdoing, corporate crimes, corporate liability, liability
JEL Classification: K0, K00, K14, K19, K29, K39, K42
Suggested Citation: Suggested Citation