European Developments in Corporate Criminal Liability

European Developments in Corporate Criminal Liability
Author: James Gobert
Publisher: Taylor & Francis
Total Pages: 381
Release: 2011-06-10
Genre: Law
ISBN: 1136741518

When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.

Corporate Criminal Liability

Corporate Criminal Liability
Author: Mark Pieth
Publisher: Springer Science & Business Media
Total Pages: 401
Release: 2011-04-20
Genre: Law
ISBN: 940070674X

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.

Corporate Criminal Liability

Corporate Criminal Liability
Author: Amanda Pinto
Publisher:
Total Pages: 0
Release: 2020
Genre: Corporation law
ISBN: 9780414075283

The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to explain the criminal process from the perspective of the corporate defendant with a scholarly analysis of the principles of corporate liability. In particular, it provides expert discussion on the latest practice on DPAs, issues with identification theory and delegation, questions of jurisdiction, and sentencing. The work also explains specific offences such as insolvency restrictions, Companies Act offences, and corporate manslaughter. New to this edition: Considers all key cases since the last edition including the Barclays case on corporate identification; Reviews practice in deferred prosecution orders (DPOs) after investigations into Rolls Royce and Tesco; A fully updated Appendix table as a 'quick reference' guide to specific offences, how they are tried, and aspects of sentencing.

Human Rights in European Criminal Law

Human Rights in European Criminal Law
Author: Stefano Ruggeri
Publisher: Springer
Total Pages: 313
Release: 2015-01-02
Genre: Law
ISBN: 3319120425

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

Environmental Criminal Liability and Enforcement in European and International Law

Environmental Criminal Liability and Enforcement in European and International Law
Author: Ricardo M. Pereira
Publisher: Martinus Nijhoff Publishing
Total Pages: 378
Release: 2015
Genre: Law
ISBN: 9789004194731

'Environmental Criminal Liability and Enforcement in European and International Law' assesses the legal, theoretical and practical implications of interstate cooperation aimed at harmonising environmental criminal law standards. It analyses the rationales for criminalisation of environmental offences and the approaches to harmonisation under specific European and international legal instruments.

Criminal Law and Policy in the European Union

Criminal Law and Policy in the European Union
Author: Samuli Miettinen
Publisher: Routledge
Total Pages: 300
Release: 2013
Genre: Law
ISBN: 0415474264

This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects.

Corporate Liability for Economic Crime

Corporate Liability for Economic Crime
Author: Great Britain: Ministry of Justice
Publisher:
Total Pages: 34
Release: 2017-03-07
Genre:
ISBN: 9780101890229

Dated January 2017. A TSO version of a title previously published by HM Government made available under the Open Government Licence v3.0(http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)

The Handbook of White-Collar Crime

The Handbook of White-Collar Crime
Author: Melissa L. Rorie
Publisher: John Wiley & Sons
Total Pages: 546
Release: 2019-09-13
Genre: Social Science
ISBN: 1118774795

A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.

Organized Crime Legislation in the European Union

Organized Crime Legislation in the European Union
Author: Francesco Calderoni
Publisher: Springer Science & Business Media
Total Pages: 201
Release: 2010-06-09
Genre: Law
ISBN: 3642043313

Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.