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Corporate Culpability as a Limit to the Overcriminalization of Corporate Criminal Liability: The Interplay Beween Self-Regulation, Corporate Compliance and Corporate Citizenship

New Criminal Law Review 2010

17 Pages Posted: 22 Oct 2010  

Carlos Gómez-Jara

Universidad Autónoma de Madrid

Date Written: October 21, 2010

Abstract

This paper argues that there is clear sign of the overcriminalization of corporate conduct in America's criminal law and procedure: no matter the evidence of a law-abiding behaviour by a good corporate citizen, the corporation will be considered guilty if a member of its organization commits a crime within the scope of authority and with the intent to benefit the corporation. The reason for posting the overcriminalization label is based on the different rationale for holding corporations guilty in modern society (as opposed to the times in which corporate criminal liability was enacted). This is exemplified in the 2nd Circuit Ruling in United States v. Ionia Management SA.

Suggested Citation

Gómez-Jara, Carlos, Corporate Culpability as a Limit to the Overcriminalization of Corporate Criminal Liability: The Interplay Beween Self-Regulation, Corporate Compliance and Corporate Citizenship (October 21, 2010). New Criminal Law Review 2010. Available at SSRN: https://ssrn.com/abstract=1695357

Carlos Gómez-Jara (Contact Author)

Universidad Autónoma de Madrid ( email )

Campus Cantoblanco
C/Kelsen, 1
Madrid, Madrid 28049
Spain

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