Corporate crime is related to crime commitment either by corporations or by individual who act on the part of a corporation. It overlaps with organized crime, white-collar crime and state-corporate crime and affects people globally as corporations play crucial role in contemporary society. Corporate crime has become one of the major concerns, and, therefore, requires each state to respond accordingly and address the problem promptly.
Corporate Liability
Providing control over corporations, the government has determined corporate liability, regulated by civil and criminal laws. Corporate liability defines the extent of accountability for corporation and its representatives operating within corporation. …show more content…
It requires corporations to take responsibility for the figures authorized to affect the decision-making structure as it is merely sufficient to determine that any agent or employee has been involved in crime commitment. The category of directing minds in accordance with the Canadian Supreme Court encompasses directions, managers, and superintendents as well as those who possess executive authority. The United Kingdom, however, confines target group to the board of directors and top …show more content…
Hence, for example, specialists question whether corporate crime should be punished under civil or criminal law. On this issue, Fischel and Sykes state that strong economic assertion can be promoted to apply criminal responsibility to persons; nonetheless, this assertion is less strong for corporations. In general, the criminal-law structure is beneficial as the state has alternative to imprisonment in addition to fine. In the majority of cases, imprisonment is valuable as firmness of the defendant`s judgment significantly limits the highest fine imposture. However, since corporation cannot be imprisoned, the core benefit of the imprisonment is inconsequential in this case. The criminal-law system possesses a certain number of drawbacks in comparison with the civil law. Hence, criminal penalties are less adaptive to the outcomes of each particular offense compared to civil penalties. Second, civil laws better track fines imposed on directors and employees to assure that the total fine does not significantly exceed the damages caused whereas criminal laws may double the damages and lead to over-deterrence. Third, the social stigma of criminal conviction is much higher compared to civil penalties and, therefore, may also cause over-deterrence. Fourth, criminal law structure frequently includes an indirect negligence standard. Fifth, criminal cases