Abstract
The present study deals with many legal aspects of criminal liability of legal entities, as well tries to explain the legislative and judicial attitude towards this sort of liability. The current research examines laws on criminal liability of parent companies for illegal acts of the subsidiary under criminal legislation in Jordan, and discerns legal norms and applicable aspects related to the doctrine of corporate criminal liability and the legal relationship of the parent company with the subsidiary. This study will first conduct a comprehensive analysis of the provisions of the Jordanian Company Law on the relationship between the parent company and the subsidiary. Issues of corporate criminal liability under the Jordanian legal and other selective comparative legal systems, several aspects of legal systems of common law and civil law about the criminal liability of parent corporations for conduct of parties outside of organization, or for offences of dissolved corporations, or for offences of predecessor’s corporations will be discussed. On the light of secrecy of studies in the direct theme of the present study and ambiguity of regulatory and legal framework in this topic, the researcher will carry out the analysis of the related legislation, including criminal laws merely with respect to the criminal liability of corporation for offences committed by its subsidiaries in order to revamp the legal framework of this issue. An attempt will take into consideration both national and international legal attitudes towards the theme of this research at national and international levels. Finally, this study is a bold step for the detection of weaknesses in the Jordanian legislation in regulating this matter, which is necessary for the interest of the national economy and to protect companies, corporation, economic units and their shareholders, and to create an attractive investment environment for investors.
Highlights
The principle of corporate criminal liability, in general, was one of the most disputed subject in the end of the last century, especially when the crimes of legal entities became a real threat to the environmental, economic, social, financial and personal security of the societies in Europe, America and the Asia, etc
The principle of corporate criminal liability, in general, has changed over the years; as nowadays corporate criminal liability is recognized in different systems of the world, especially in those countries a corporate criminal liability is adopted as an integral part of its criminal laws
The corporate criminal liability is an integral part of Jordanian Penal Code No (16) of 1960, and the general rules of this law record the lead and progress timeline on its counterpart the French Penal Code of 1992 that recognized the CCL after decades of refusal and hesitation
Summary
The principle of corporate criminal liability, in general, was one of the most disputed subject in the end of the last century, especially when the crimes of legal entities became a real threat to the environmental, economic, social, financial and personal security of the societies in Europe, America and the Asia, etc. The overseas companies and parent holding companies and their subsidiaries have nationally and internationally involved in several criminal activities, such as fraud, bribery, food adulteration, antitrust, financial offenses, environmental crimes and worker death, etc. The corporate criminal liability model that is adopted in some of common law and civil law countries, including Jordan encourages legal entities to activate the systems of controlling and supervising over its human persons, and to ensure that all activities of corporation are achieved in respect to the rules and provisions of law and within legal boundaries. The crimes of corporate entities are more serious than the crimes committed by human persons, such as trafficking in human beings, money laundering, financial crimes, industrial and commercial fraud, tax and customs evasion, and other unlimited types of economic, financial and moral crimes
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