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Journal articles on the topic 'Corporate criminal liability'

Author: Grafiati
Published: 4 June 2021
Last updated: 10 March 2023

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1

Barnard, Jayne W. "Corporate Criminal Liability." Proceedings of the International Association for Business and Society 10 (1999): 297–308. http://dx.doi.org/10.5840/iabsproc19991028.

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2

Supriyanto, Hadi. "The nature of corporate crime in law enforcement of the criminal justice system in Indonesia." Jurnal Hukum Volkgeist 4, no. 2 (June 14, 2020): 166–79. http://dx.doi.org/10.35326/volkgeist.v4i2.670.

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Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.
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3

Long, Ryan. "Bioethics, Complementarity, and Corporate Criminal Liability." International Criminal Law Review 17, no. 6 (November 23, 2017): 997–1021. http://dx.doi.org/10.1163/15718123-01703004.

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This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to corporate criminal liability.
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4

Kumar Singh, Pradeep. "Corporate Criminal Liability in India." ATHENS JOURNAL OF LAW 8, no. 1 (December 29, 2021): 31–48. http://dx.doi.org/10.30958/ajl.8-1-2.

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In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability
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5

Yumanto, Bina. "MEMAHAMI KONSEP DAN SUBJEK PERTANGGUNGJAWABAN PIDANA DALAM PASAL 39A UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG PERUBAHAN KETIGA UNDANG-UNDANG NOMOR 6 TAHUN 1983 TENTANG KUP." Scientax 3, no. 1 (October 28, 2021): 159–88. http://dx.doi.org/10.52869/st.v3i1.250.

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In various cases of tax criminal acts, the board of directors is often subject to criminal liability on the grounds of being a signatory to the Tax Return (and/or Tax Invoice) and as a corporate organ that is deemed responsible for all company policies, activities, and operations. In addition, some cases of Tax Criminal Investigation impose criminal responsibility on the board of directors based on evidence of signature in the Tax Return and consideration of the principle of vicarious liability, which is the expansion or representation of liability for compensation under Private Law. This study aims to analyze the criminal liability doctrine adopted by Article 39A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures (UU KUP) and whether corporations can be held criminally liable in the offense of that Article. The theory and concepts used are criminal liability and analysis of the elements of Article 39A of the UU KUP, the main doctrines of criminal liability, the definition of legal entities, corporate taxpayers, and corporate liability. The results of the study found that corporate taxpayers as corporations are the subject of criminal liability in Article 39A, in addition to individuals, and Article 39A adheres to the principle of no crime without guilt.
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6

Chandra, Septa. "CORRELATION BETWEEN THEORY OF CRIMINAL LIABILITY AND CRIMINAL PUNISHMENT TOWARD CORPORATION IN INDONESIA CRIMINAL JUSTICE PRACTICE." Jurnal Dinamika Hukum 17, no. 1 (May 2, 2017): 104. http://dx.doi.org/10.20884/1.jdh.2017.17.1.649.

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The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.
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7

Ľorko, Jakub, and Matej Smalík. "Corporate criminal liability in terms of attributability concept." Bratislava Law Review 3, no. 2 (December 31, 2019): 34–46. http://dx.doi.org/10.46282/blr.2019.3.2.144.

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In this paper the authors analyse the introduced model of genuine corporate criminal liability in the Slovak Republic. Genuine corporate criminal liability is described in a more simplified way through the obligatory elements of corporate criminal liability. The authors also focus and conclude on practical reflections about potential excesses in the enforcement of the corporate criminal liability.
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8

Dubber, Markus D. "The Comparative History and Theory of Corporate Criminal Liability." New Criminal Law Review 16, no. 2 (2013): 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.

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An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.
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9

Surasa, Ais. "PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM ISLAM." Tatar Pasundan : Jurnal Diklat Keagamaan 14, no. 2 (December 1, 2020): 190–98. http://dx.doi.org/10.38075/tp.v14i2.38.

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This research aims to find out the conditions of corporate criminal liability in money laundering offences based on Islamic law perspective. This research uses library research methods. The results concluded that corporate criminal liability conditions are stipulated in Article 6 of Law No. 08 year 2010, which contains that a person with money laundering will be 4 years or more in prisoned. Islamic law states that one who commits it, will be punished in return towards the actions of “jarimah” perpetrators (as the elements fulfilled). Thus, the criminal liability is a person who can experience a shift and accept the concept of harm through determining corporate’s liability. It is because the will-have impact is greater than any crimes executed by individuals. As for the sanctions against corporations which committed money laundering are ta'zir (punishments). Keywords: Corporate Criminal Liability; Money Laundering; Islamic Law
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10

PARAMUDHITA, H. Radea Respati, H. Sigid SUSENO, and Lies SULISTIANI. "Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 156. http://dx.doi.org/10.14505//jarle.v11.1(47).19.

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This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.
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11

Widijowati, Rr Dijan, and Halim Darmawan. "CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS." International Journal of Law, Government and Communication 5, no. 20 (September 10, 2020): 69–79. http://dx.doi.org/10.35631/ijlgc.520004.

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Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.
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12

Colvin, Eric. "Corporate personality and criminal liability." Criminal Law Forum 6, no. 1 (1995): 1–44. http://dx.doi.org/10.1007/bf01095717.

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13

Nwafor, Anthony O. "Corporate Criminal Responsibility: A Comparative Analysis." Journal of African Law 57, no. 1 (February 1, 2013): 81–107. http://dx.doi.org/10.1017/s0021855312000162.

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AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in some jurisdictions to civil law concepts, such as respondeat superior, vicarious liability and even strict liability, to found corporate criminal responsibility. The need to streamline the scope of, if not enhance, corporate criminal liability, has engendered statutory reforms in some jurisdictions. The article considers reforms in Australia, the UK, Canada and the USA, in comparison with the situation in South Africa and Lesotho.
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14

Wahyono, Dwi. "THE CRIMINAL RESPONSIBILITY BY CORPORATE." International Journal of Law Reconstruction 5, no. 1 (May 21, 2021): 126. http://dx.doi.org/10.26532/ijlr.v5i1.15587.

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Corporation is the subject of a criminal act. In Indonesia, the statutory regulations that initiated the placement of corporations as subjects of criminal acts and which can be directly accounted for are Act No. 7 the Emergency of 1955 concerning Investigation, Prosecution and Economic Criminal Justice, as subjects of criminal law corporations do not have an inner attitude. Meanwhile, to be criminally accountable, a men's rea/schuld is required. Crimes committed by corporations are very detrimental to society and the state. Meanwhile, the conventional accountability system which is individual, direct, and based on schuld, is difficult to apply to corporations. The purpose of writing is to analyze the corporate liability system to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach (legal approach) and the case approach (case approach), the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception between law enforcers about the criminality of corporations.
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15

Santo, Paulus Aluk Fajar Dwi. "Tinjauan tentang Subjek Hukum Korporasi dan Formulasi Pertanggungjawaban dalam Tindak Pidana." Humaniora 3, no. 2 (October 31, 2012): 422. http://dx.doi.org/10.21512/humaniora.v3i2.3342.

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Article clarified corporate application as a law subject that had not been fully applied in Indonesia. Corporate status as a subject for criminal law only could be found in Criminal Law Legislation, out of KUHP that had been categorized as special criminal law, or administrative regulation having crime sanction. The research applied yuridis –normatif and yuridis comparative methods with the following results. There is incompleteness for the status of a corporate, when the corporate will be considered as a liable institution, how to show the liability, etc. The corporate liability in Indonesia in the special criminal law ( outside KUHP), started with UU no. 7/Drt/1955 concerning Economy Criminal Act that later was continued by other special criminal law up to the affects that the corporate responsibility did not work in general, but it was only limited and applied to some special regulations out of those KUHP. Therefore, the design of Criminal Law Regulations that will be authorizeed into Law is supposed to be able to be guidance in overcoming corporate ‘s criminals
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16

Isaacs, Tracy. "Corporate Agency and Corporate Wrongdoing." New Criminal Law Review 16, no. 2 (2013): 241–60. http://dx.doi.org/10.1525/nclr.2013.16.2.241.

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This article presents a philosophical defense of the view that corporations are legitimate responsible agents who may be considered criminally liable under the law. When corporations engage in blameworthy, irresponsible, or criminal actions, corporations are responsible for their actions. Whether this means we should think of them as persons in any robust sense is a separate question and we should be skeptical about conflating responsible agency with personhood. The article concludes with the claim that responsible agency and personhood are conceptually distinct, and that in the end responsible agency is a sufficient basis for criminal liability.
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17

Zulkarnain, Zulkarnain, I. Nyoman Nurjaya, Bambang Sugiri, and Ismail Navianto. "Corporate Crime and Corporate Criminal Liability in Indonesia Positive Law." ENDLESS : International Journal of Future Studies 4, no. 2 (May 5, 2021): 20–30. http://dx.doi.org/10.54783/endless.v4i2.58.

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Corporate crime is a unique crime against which excellent deterrence should be combated. However, these efforts are inversely proportional to the criminal law policies that serve as the basis for their implementation. The KUHP, the key pillar of the statute, merely acknowledges natural persons as subjects of criminal law. And they do not regard companies as criminal law topics. Crime laws must also be renewed. On this basis, a criminal policy will be discussed in Indonesia about the criminal liability scheme. The results of studies indicate that criminalization of all types of corporate crime was regarded as a crime according to positive criminal law in Indonesia. The relationship between one and the other criminal code differs however. The Criminal Code notes that the crime modes sometimes perpetrated by the companies were considered a criminal offense but should be performed by a normal individual. In other words, it may be claimed that companies have not been considered subjects of criminal law by the Criminal Code. However, in some criminal law laws out of the Criminal Code, companies have been treated as targets of criminal legislation and should be responsible for their acts. In Indonesia, the criminal liability scheme introduced by the Positive Legislation seeks to identify and delegate hypotheses where the errors and the source of authorities they have are assessed. The requirements in one criminal law and the other, however, are comprehensively different. For instance, a criminal must not be the manager, but someone who does anything in or for the sake of a company and the act is carried out within the framework of a corporation. It is not, however, expressly specified by the draft Law on the Criminal Code that the criminal is convicted so as to understand that the criminal is not liable for the crime he commits because criminal liabilities were transferred to the company. The draft Criminal Code Act (RKUHP) has accommodated companies as subjects of criminal law and arranged procedures for criminal liability. It can be seen from the principle of the renewal of criminal law that future criminal law would regard business offences as criminal actions and that penal penalties will be imposed on the company. The established provisions clearly show that the model and philosophy embraced are the doctrines of vicarious responsibility, even though there are shortcomings in the model.
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Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.

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Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
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19

Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.

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Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
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20

Lubis, Muhammad Ridwan, Panca Sarjana Putra, and Yasmirah Mandasari Saragih. "Corporate Criminal Liability for Criminal Acts of Corruption." Jurnal Pembaharuan Hukum 8, no. 1 (March 16, 2021): 48. http://dx.doi.org/10.26532/jph.v8i1.15234.

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The practice of this criminal act of corruption that involves corporations is an extraordinary crime and is very detrimental to the state. The direct consequences of these crimes to society are financial losses, job losses, and even loss of life due to the crisis. Researchers use normative juridical research methods with 3 (three) approaches to examine two problems discussed with normative research methods. It was found that corporate crime against corruption contained five theories of strict liability according to the law (strict liability) where historically the law began to pay more attention and the principle of absolute responsibility as a punishment needed to prevent retaliation then changed. be a responsibility based on the element of error
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21

Fedorov, Aleksandr V. "Criminal Procedure Issues of Collective Criminal Liability in the Republic of Poland and Prospects of Improvement of Polish Laws on Collective Criminal Liability." Russian investigator 4 (April 26, 2018): 74–80. http://dx.doi.org/10.18572/1812-3783-2018-4-74-80.

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The article explores the criminal procedure aspects of collective criminal liability in the Republic of Poland and includes an analysis of the relevant provisions of Polish legislation, including the Act on the Liability of Collective Entities for Acts Prohibited under Penalty of 28 October 2002 and the Criminal Procedure Code of the Republic of Poland. The publication contains the data on the practice of making collective entities in the Republic of Poland criminally liable. It reflects Polish specialists’ critical assessments of the corporate criminal responsibility form implemented in Poland, and considers the available proposals to improve Polish law regulating collective criminal liability.
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22

Fajarudin, Mohammad. "Corporate Criminal Liability Arrangements in the IUS Constituendum." Eduvest - Journal Of Universal Studies 1, no. 7 (July 20, 2021): 585–95. http://dx.doi.org/10.36418/edv.v1i7.110.

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The development of science and technology and globalization were already unstoppable today, not only have a beneficial impact, but also often have a negative impact for example by the "globalization of crime" and the development of quality (modus of operation) and the quantity of criminal acts. Offenses rife nowadays with regard to the corporate existence of the corporation is a criminal offense that could result in serious and widespread impact, damage the joints of the nation and threatens the stability of the State. Therefore, the law should take back its role in order to create justice and welfare and in handling needed ways remarkable that one of them is to make the corporation as a subject of criminal law that is considered to be committing a crime and can be criminally).
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23

Sepioło-Jankowska, Iwona. "Corporate criminal liability in English law." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 6 (December 15, 2016): 135. http://dx.doi.org/10.14746/ppuam.2016.6.09.

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24

Bittle, Steven, and Katherine Lippel. "Recent Trends in Corporate Criminal Liability." Policy and Practice in Health and Safety 11, no. 2 (January 2013): 1–7. http://dx.doi.org/10.1080/14774003.2013.11667786.

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25

Stessens, Guy. "Corporate Criminal Liability: A Comparative Perspective." International and Comparative Law Quarterly 43, no. 3 (July 1994): 493–520. http://dx.doi.org/10.1093/iclqaj/43.3.493.

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26

Jefferson, Michael. "Corporate Criminal Liability in the 1990s." Journal of Criminal Law 64, no. 1 (February 2000): 106–22. http://dx.doi.org/10.1177/002201830006400108.

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27

Ulen, Thomas S. "The economics of corporate criminal liability." Managerial and Decision Economics 17, no. 4 (July 1996): 351–62. http://dx.doi.org/10.1002/(sici)1099-1468(199607)17:4<351::aid-mde766>3.0.co;2-g.

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28

Stewart, James G. "A Pragmatic Critique of Corporate Criminal Theory." New Criminal Law Review 16, no. 2 (2013): 261–99. http://dx.doi.org/10.1525/nclr.2013.16.2.261.

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Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers. This article criticizes all sides of these debates, using examples from the frontiers of international criminal justice. In particular, it highlights the shortcomings of corporate criminal theory to date by examining the latent possibility of prosecuting corporate actors for the pillage of natural resources and for complicity through the supply of weapons. Throughout, the article draws on principles derived from philosophical and legal pragmatism to reveal a set of recurring analytical flaws in this literature. These include: a tendency to presuppose a perfect single jurisdiction that overlooks globalization, the blind projection of local theories of corporate criminal responsibility onto global corporate practices, and a perspective that sometimes seems insensitive to the plight of the many who have fallen victim to corporate crime in the developing world. To begin anew, we need to embrace a pragmatic theory of corporate criminal liability that is forced upon us in a world as complex, unequal, and dysfunctional as that we presently inhabit.
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Žatecká, Eva. "Selected aspects of criminal liability of legal persons." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2983–88. http://dx.doi.org/10.11118/actaun201361072983.

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This paper will address issues of corporate criminal liability in terms of enterprises. Criminal liability of legal persons is now a major problem that must deal the enterprises with. The contribution points out the major issues associated with this topic when the legal person may be held criminally responsible and how we can prevent such criminal liability. This issue arises with several questions that need to be pointed out. For example, what are the conditions of the criminal liability of the enterprises, which criminal offenses can be committed, or is it possible to prevent such criminal responsibility, etc. These issues will be the subject of discussion and contribution to current findings. The issue is very new; we have the new act on criminal liability of legal persons effective from 1st January 2012, so the author hopes this paper brings some new solutions and possible matters for discussions.
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Suhariyanto, Budi. "PUTUSAN PEMIDANAAN TERHADAP KORPORASI TANPA DIDAKWAKAN DALAM PERSPEKTIF ”VICARIOUS LIABILITY”." Jurnal Yudisial 10, no. 1 (September 8, 2017): 17. http://dx.doi.org/10.29123/jy.v10i1.68.

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ABSTRAKKorporasi telah ditetapkan sebagai subjek tindak pidana, maka terhadapnya dapat dituntutkan pertanggungjawaban pidana. Sebagai subjek hukum, korporasi juga ditentukan mekanisme pemidanaannya mulai dari proses penyidikan, penuntutan, dan pemeriksaan di sidang pengadilan. Mahkamah Agung dalam Putusan Nomor 2239 K/PID.SUS/2012 mengesampingkan prosedur hukum acara dengan menjatuhkan putusan pemidanaan terhadap korporasi tanpa didakwakan. Permasalahannya bagaimanakah eksistensi pemidanaan korporasi menurut hukum acara pidana di Indonesia, dan bagaimanakah pemidanaan korporasi dalam praktik penegakan hukum, serta bagaimana putusan pemidanaan terhadap korporasi tanpa didakwakan dalam perspektif vicarious liability? Metode penelitian normatif digunakan untuk menjawab permasalahan ini. Terdapat tiga pendekatan untuk mengkaji permasalahan yaitu pendekatan perundang-undangan, pendekatan kasus, dan pendekatan konseptual. Metode analisis yang diterapkan untuk mendapatkan kesimpulan atas permasalahan yang dibahas adalah melalui analisis yuridis kualitatif. Dari hasil pembahasan dapat disimpulkan bahwa dalam perspektif vicarious liability, korporasi dapat dipertanggungjawabkan atas perilaku seseorang yang secara personifikasi mewakili korporasi sehingga dapat dijatuhkan putusan pemidanaan.Kata kunci: putusan pemidanaan, pemidanaan korporasi, vicarious liability.ABSTRACTA corporation has been set as the subject of criminal offense, and so criminal liability on this subject is enforceable by law. As the subject of law, a corporation has its own mechanism in term of criminal liability, starting from investigation process, prosecution and examination before trial. The Supreme Court Decision Number 2239 K/PID.SUS/2012 overruled the ordinances of the procedural law by imposing a sentencing decision against a corporation without charges. The problems are: how does the corporate criminal liability exist according to the criminal procedural law in Indonesia, and how is the corporate criminal liability implemented in the practices of law enforcement, as well as how is the corporate criminal liability without charges examined through the perspective of vicarious liability? Normative research method is applied in responding to this problem. Three approaches to examine these problems are the statutory regulations, the case-based, and conceptual approaches. The analytical method applied to come to the conclusion of the issues discussed is through the qualitative juridical analysis. The results of discussions deduce that in the perspective of vicarious liability, a corporation is liable for the criminal conduct of a person who is in personification of the corporation and may be subject to corporate criminal liability.</p>Keywords: sentencing decision, corporate criminal liability, vicarious liability.
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31

Dinh, Thi Mai, Ngoc Thang Dinh, Thi Phuong Quynh Bui, and Anh Duc Nguyen. "Corporate criminal liability on environmental crimes in Vietnam." E3S Web of Conferences 203 (2020): 03014. http://dx.doi.org/10.1051/e3sconf/202020303014.

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From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.
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32

Bramita, Fifid. "Corporate Criminal Liability On Criminal Actions in Consumer Protection." Jurnal Hukum Novelty 9, no. 2 (August 31, 2018): 146. http://dx.doi.org/10.26555/novelty.v9i2.a11257.

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33

Jefferson, Michael. "Corporate Criminal Responsibility — Ascription of Criminal Liability to Companies." Journal of Financial Crime 3, no. 3 (January 1996): 275–77. http://dx.doi.org/10.1108/eb025721.

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34

Milosevic, Mladen. "Criminal policy on corporate criminal liability: Different theoretical approaches." Bezbednost, Beograd 57, no. 2 (2015): 21–33. http://dx.doi.org/10.5937/bezbednost1502021m.

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35

Kristian, Kristian. "PENERAPAN SISTEM PERTANGGUNGJAWABAN PIDANA BAGI LEMBAGA PERBANKAN DITINJAU DARI TEORI-TEORI SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI." Syiar Hukum : Jurnal Ilmu Hukum 17, no. 2 (May 4, 2020): 114–42. http://dx.doi.org/10.29313/shjih.v17i2.4550.

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The economy of the modern society is closely related or even inseparable with the world of banking. It is due to the fact that the main function of banking institutions is basically as an intermediary. However, the fact that the existence of banking institutions is as a corporation does not always have a positive impact. It can also impact negatively in the sense that the banking institution as a corporation becomes a perpetrator of criminal acts or conducts various criminal acts harmful to the public but untouchable by law.The results show that banking institutions (banks) can be categorized as corporations according to the criminal law. Consequently, as a legal subject, the bank is supposedly liable to commit a criminal offense and may be held accountable for criminal acts. The corporate criminal liability system has been legitimized and justified by several doctrines or theories: identification theory, strict liability theory, vicarious liability doctrine, the corporate culture model or company culture theory, doctrine of aggregation, and reactive corporate fault. If it is related to the subject matter, the corporate criminal liability system, as legitimized and justified by the various theories, can be applied to banking institutions. Hence, according to such theories or doctrines, the bank is deemed able to commit criminal acts and bear criminal liability. In addition, the arrangement and application of corporate criminal liability systems for banking institutions may also be justified by several fundamental or principal reasons.However, it is unfortunate that the system of criminal liability for banking institutions as a corporation is not yet applicable. This is because the current banking law is still dominated by the principle of "societas delinquere non potest" and collided with the principle of legality in criminal law. Thus, to overcome various problems that may arise in the future, the banking law needs to be revised by taking into account several things as described further in this paper.
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36

Fajar Adi Nugroho, Akhmad, and R. B. Sularto. "The Urgency of Corporate Criminal Liability in Criminal Law in Indonesia." Melayunesia Law 4, no. 2 (December 16, 2020): 130. http://dx.doi.org/10.30652/ml.v4i2.7776.

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The existence of a corporation is very closely related to people's lives. The crime committed by the corporation is the brain of the corporation, that is, the ruler of the corporation, for or for the benefit of the corporation. This research is normative legal research that uses secondary data, which consists of primary, secondary and tertiary legal materials. Crimes committed by corporations can be very widespread, threaten the stability of the national economy, endanger the integrity of the national financial system, damage the joints of the nation's life and corporate criminal acts are committed by people who have expertise or positions (white-collar crime) so that it is not easy to prove. By using existing theories such as Vicarious Liability, Strict Liability, and Identification of corporate criminal liability, it can be constructed more accurately on criminal violations that harm the state.
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37

Fedorov, Aleksandr V., and Petr A. Litvishko. "Collective Criminal Liability in the Republic of Poland." Russian investigator 3 (March 22, 2018): 3–10. http://dx.doi.org/10.18572/1812-3783-2018-3-3-10.

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The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.
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38

Лафитский, Владимир, Vladimir Lafitskiy, Ольга Семыкина, and Olga Semykina. "Criminal Liability of Legal Persons in the Russian Legislation: to the History of the Question "pro et contra"." Journal of Russian Law 2, no. 2 (January 20, 2014): 5–13. http://dx.doi.org/10.12737/2229.

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The article providers a historical analysis of the doctrinal arguments «pro et contra» of the introduction criminal liability of corporate persons in the Russian legislation, and considered legal provisions on criminal liability of corporate which existed in the Russian legal system of X – first half of XX centuries.
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39

Chasani, Muchammad. "CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON." IJCLS (Indonesian Journal of Criminal Law Studies) 2, no. 2 (December 10, 2017): 144–54. http://dx.doi.org/10.15294/ijcls.v2i2.12322.

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The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.
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40

Balasingam, Usharani. "Corporate Criminal Liability: Some Reflections for Malaysia." Jurnal Institutions and Economies 14, no. 4 (October 1, 2022): 115–41. http://dx.doi.org/10.22452/ijie.vol14no4.5.

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Corporate criminal liability is a very important concept given the growth of commercial entities in reach, scope, and impact. A comparative legal doctrinal approach with the United Kingdom is adopted as the method of research. The paper recommends the need to demarcate between regulatory offences (involving standards of conduct in a specialised activity) and non-regulatory conduct (involving deception and fraud). The latter is to be treated with the full measure of the weight of the law to penalise, condemn and act as a deterrent, aside from ensuring that the offender does not reap benefits from the crime. It should not be compoundable and needs to attract the full rigour of criminal censure, as the behaviour is treated as morally repugnant deserving of full public censure and condemnation. The criminal processes, including any plea bargain, should be guided by transparent guidelines subject to court scrutiny. The ability to hold the corporation liable as distinct from the controllers is also discussed. Further recommendations are that the sanctions against corporations need to be diversified under a principle-based approach, as it does not suffer imprisonment or whipping, and can even pass on cost of fines to its customers. The penal provisions should recognise the distinct nature of corporations in the meting out of punishments.
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Satapathy, Smita, and Madhubrata Mohanty. "The Mounting Horizons of corporate criminal Liability." Indian Journal of Public Health Research & Development 10, no. 5 (2019): 240. http://dx.doi.org/10.5958/0976-5506.2019.01004.0.

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42

지유미. "Corporate Criminal Liability in the United States." Dankook Law Riview 37, no. 3 (September 2013): 213–47. http://dx.doi.org/10.17252/dlr.2013.37.3.008.

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43

송기동. "Corporate Criminal Liability in Common Law Countries." Korean Journal Of Criminology 20, no. 2 (December 2008): 41–70. http://dx.doi.org/10.36999/kjc.2008.20.2.41.

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44

Jefferson, Michael. "Corporate Criminal Liability: Sanctions and Remedial Action." Journal of Financial Crime 4, no. 2 (April 1996): 173–76. http://dx.doi.org/10.1108/eb025772.

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45

Wagner, Markus. "Corporate criminal liability: National and international responses." Commonwealth Law Bulletin 25, no. 2 (September 1999): 600–608. http://dx.doi.org/10.1080/03050718.1999.9986542.

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46

Wortman Jofre, Santiago. "Corporate Criminal Liability and Compliance Management Systems." Brill Research Perspectives in Transnational Crime 2, no. 3 (May 22, 2019): 1–63. http://dx.doi.org/10.1163/24680931-12340008.

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AbstractThe present work analyses the case of Spain in relation to Compliance Management Systems and Corporate Criminal Liability. It studies the way criminal justice understands and uses Compliance Management Systems to target corporate criminality. Moreover, it aims to deconstruct the way Compliance Management Systems are implemented in different corporations. To that end, I conducted a series of semi-structured interviews with Compliance Officers and performed content analysis on judicial documents. While not being able to generalise or give definite conclusions, the results showed a misconnection between the aim of criminal law provisions and the profit-driven objectives of corporations. Furthermore, results unveiled the powerful motivation of requirements. Companies sought to implement Compliance Management Systems to access new markets, better supplies and insurance fee discounts. Rather than the threat of punishment the analysis indicated a stronger effect through the positive stimuli of requiring a Compliance Management System for a benefit. The study also showed a fear for the reputational consequences of being subjected to a criminal procedure, thus indicating a better predisposition to solve offences through alternative conflict resolution methods. The lack of a clear message from the criminal justice reduced the deterrent effect of punishment. This lack of clear standards may have fostered social disorganisation within the environment of corporations, thus constituting fertile ground for corporate crimes.
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47

Golovanova, Natalya. "Corporate Liability: Transformation of Criminal Law Regulation." Journal of Foreign Legislation and Comparative Law 18, no. 2 (November 29, 2022): 1. http://dx.doi.org/10.12737/jflcl.2022.025.

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48

Elvany, Ayu Izza. "CORPORATE CRIMINAL LIABILITY REGARDING IUU FISHING FOLLOWING THE JOB CREATION LAW ENACTMENT." Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan 9, no. 2 (March 5, 2021): 119. http://dx.doi.org/10.24252/ad.v9i2.17695.

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This research analyses how is corporate criminal liability regulation in Indonesia regarding IUU Fishing following the enactment of the Job Creation Law. This research uses both statute approach and conceptual approach as the legal research methods to analyse the issued legal problem. Following the enactment of the Job Creation Law on 5th October 2020, some articles of Law No. 45 of 2009 amending law no. 31 of 2004 concerning Fishery are amended, including the corporate criminal liability regulation. This research’s analyses shows that in order to improve the effectiveness of IUU Fishing law enforcement, specifically the ones being committed by a corporation, the Job Creation Law needs to be amended, specifically its article concerning corporate criminal liability, by changing the used conjunction to ‘and/or, as regulated in the draft of Fishery Law as well. Furthermore, as the term of ‘person in charge’ is more appropriate, in case of corporate criminal liability system, than the one used in the Job Creation Law, which is ‘employee’, the Job Creation Law shall be revised by opting the former term into it.
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49

Gómez-Jara Díez, Carlos. "Corporate Culpability as a Limit to the Overcriminalization of Corporate Criminal Liability: The Interplay Between Self-Regulation, Corporate Compliance, and Corporate Citizenship." New Criminal Law Review 14, no. 1 (January 1, 2011): 78–96. http://dx.doi.org/10.1525/nclr.2011.14.1.78.

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This paper argues that there is clear sign of the overcriminalization of corporate conduct in America's criminal law and procedure: regardless of the evidence of a law-abiding behavior 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 paper explains that corporate culpability may function as a limit to this current overcriminalization as it demands in corporate criminal law what is requested in individual criminal law: that despite the agent's action and intent, the principal has not exercised some kind of due diligence. In turn, if evidence of that corporate due diligence is provided, no court should declare that a corporation is guilty. Such an approach is not only consistent with the basic tenets of criminal law, but it also reflects the different rationale for holding corporations criminally liable in modern society (as opposed to the times in which corporate criminal liability was enacted). A recent example of this overcriminalization tendency was provided by the 2nd Circuit's ruling in the case United States v. Ionia Management S.A., which is briefly discussed at the end of the paper.
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Suhariyanto, Budi. "Corporate Criminal Liability Under the Reactive Corporate Fault to Achieve Good Corporate Governance in Indonesia." SHS Web of Conferences 54 (2018): 07009. http://dx.doi.org/10.1051/shsconf/20185407009.

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This article discusses the existence, mechanisms and the ideal model of corporate criminal liability based reactive corporate fault for achieving good corporate governance in Indonesia. Implementation of reactive corporate fault doctrine is essential as a basis the prosecution of criminal responsibility in the case that the corporate lets the occurence of criminal act of its managers or does not do prevention through corrective measures in order to avoid repetition. This doctrine needs to be accommodated in the draft of Indonesian Criminal Code (KUHP) in order to put pressure on the corporation that intends creating good internal control (so as not to be blamed) based on good corporate governance.
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