A Brief Introduction to the Principles and Rules for Determining Corporate Criminal Liability
10 Pages Posted: 4 Sep 2009
Date Written: September 10, 2004
In this paper we try to explain the concepts of contractual, regulatory, tortious and criminal liability, issues that each of these liabilities give rise to, as well as the principles and rules applicable for determining the responsibilities of the company and of those persons concerned with the company in relation to the criminal liability. We will consider and try to answer questions like: whose acts or omissions, for the purpose of determining the corporate regulatory, contractual, tortious and criminal liability, should be deemed as those of, or should be imputed to the company? When is the knowledge and state of mind of the company’s employees and agents imputed to the company? Can a company kill? We will concentrate on the issue of corporate criminal liability where the courts face major difficulties when determining whose acts or omissions, for the purpose of holding the company liable for crimes requiring mens rea, should be imputed to the company.
Keywords: Corporate crime, regulatory liability, tortious liability, contractual liability, criminal liability
JEL Classification: K13, K14, K22
Suggested Citation: Suggested Citation