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This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.
With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
`This timely collection contains contemporary case studies and critical analyses by leading writers in the study of white collar corporate crime. It makes an invaluable contribution to the ′criminology of the corporation′" - Professor Hazel Croall, Glasgow Caledonian University Corporate and White Collar Crime is an essential overview of this diverse subject area and encourages students to develop a broad understanding of the topic. Aimed primarily at undergraduate and postgraduate students in Criminology, Criminal Justice and Business and Management Studies, the book will cross-over into many other disciplines including Law and Social Policy. "This is an innovative and multidisciplinary analysis of corporate and white collar crime that is both theoretically and empirically rich. The text serves as a poignant reminder why research involving the powerful must be a central part of criminological inquiry and why this book is essential reading." Professor Reece Walters, The Open University "Again and again, pension funds are pillaged, investors fleeced, commuters killed, workers maimed, and communities poisoned. Why is it that so few of these acts are defined as crimes, and why is it that, even when they are, prosecution is so rarely effective? Corporate Crime and White Collar Crime addresses these very questions through its rigorous, well-developed analysis and its wide ranging empirical focus - on Europe, North America, Asia and beyond. The book can help all of us to re-examine our understanding of the nature of crime and of criminals, and to reassess the costs as well as the benefits of our current economic, political and social order." Professor Frank Pearce, Queen′s University, Canada
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons).The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.This volume contains the Judgments and Orders delivered by the Tribunal in the year 2000 in English and French.Le Tribunal international du droit de la mer est un organe judiciaire indépendant créé par la Convention des Nations Unies sur le droit de la mer, pour connaître des différends auxquels pourraient donner lieu l'interprétation et l'application de la Convention.Le Tribunal est ouvert aux Etats Parties à la Convention et, dans certains cas, à des entités autres que les Etats Parties (telles que les organisations internationales et les personnes physiques et morales).La compétence du Tribunal s'étend à tous les différends qui lui sont soumis conformément à la Convention. Elle s'étend également à toutes les matières prévues de manière spécifique dans tout autre accord qui confère compétence au Tribunal. Le présent volume contient le texte en français et en anglais des arrêts et ordonnances rendus par le Tribunal au cours de l'année 2000.
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons). The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. This volume contains the Judgments and Orders delivered by the Tribunal in the year 2000 in English and French. Le Tribunal international du droit de la mer est un organe judiciaire indépendant créé par la Convention des Nations Unies sur le droit de la mer, pour connaître des différends auxquels pourraient donner lieu l'interprétation et l'application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention et, dans certains cas, à des entités autres que les Etats Parties (telles que les organisations internationales et les personnes physiques et morales). La compétence du Tribunal s'étend à tous les différends qui lui sont soumis conformément à la Convention. Elle s'étend également à toutes les matières prévues de manière spécifique dans tout autre accord qui confère compétence au Tribunal. Le présent volume contient le texte en français et en anglais des arrêts et ordonnances rendus par le Tribunal au cours de l'année 2000.
White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field.
Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)
Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.