Corporate Criminal Responsibility Research Articles

IZombie: Evil corporations, culpability and ir/responsibility

iZombie (2015–19) is set in Seattle where part of its population is infected with a zombie virus created by a corporation. iZombie sustains the productive use of the zombie to explore consumption and late-stage capitalism, but unlike most other zombie fiction, situates this in a familiar, banal present where social and governmental institutions, laws and bureaucracies continue to operate. Central to these questions is the role and responsibility of corporations, situated within an eminently recognizable, but not particularly effective, law and order. iZombie accurately portrays the continued production of a dangerous product within a legal framework that protects corporations and investors, rather than customers. Given the dependence of zombies on access to brains, the series sheds light on the responsibility of consumers, legal authorities and broader society in perpetuating harms. In light of our increasing dependence upon corporations and the systemic harms that they cause, what kinds of justice are available? This article will consider how corporate wrongdoing, legal conceptions of corporate criminal responsibility and the im/possibility of justice are mis/represented in the first season of the series.

Corporate Criminal Responsibility for Gross Human Rights Violations Advocating for its implementation at the ICC

Corporate Criminal Responsibility for Gross Human Rights Violations Advocating for its implementation at the ICC

Corporate Criminal Accountability in Indonesia and Other Countries

<em>Corporations are established with different objectives and ways to achieve different goals, not only in ways that are permitted by law but also in ways that are prohibited by law. Today, corporations are frequently involved in various criminal acts or used as a means to commit criminal acts. Therefore, it is a fact that cannot be denied that the role of corporations is currently very important in people's lives. Corporations as perpetrators of criminal acts in terms of criminal liability need to be considered carefully. Because today's corporations are increasingly playing an important role in people's lives, especially in the economic sector, Business activities, or the business world in general, are the main basis for meeting the competitive needs of life. In the United States and the United Kingdom, they also regulate corporate criminal liability, so the problem that can be formulated is how corporate criminal responsibility is regulated in Indonesia, the United States, and the United Kingdom. The research was carried out using a normative-juridical method using secondary data that was used as research material. The results of the study show that corporate criminal responsibility in Indonesia and other countries has agreements and differences, both in terms of regulation and the application of sanctions</em>

Corporate Criminal Liability on Environmental Law: Indonesia and Australia

Environmental damage is one of the major problems faced by Indonesia. It is a well-accepted fact that most cases of environmental damage in Indonesia are caused by the activities of large corporations. One of the measures adopted in overcoming environmental damage and ensuring accountability for violations of environmental law is through corporate criminal liability, in which companies can be held liable and be brought to criminal proceedings for violating environmental law. This paper seeks to discuss and analyse the legal regulation system of corporate criminal liability applied in Indonesia. The paper will delve into the nature of corporate criminal responsibility in accordance with the doctrines that underlie it, as well as actions that, in accordance with the law, would trigger the implementation of corporate criminal responsibility, the manners in which criminal responsibility would be attributable to a corporation, and the trial procedure for corporate criminal responsibility under the Indonesian judicial system. This paper seeks to bring light to the mechanism of the Indonesian environmental law in administering justice in cases of environmental law violations committed by corporations.

Corporate Culture as a Means of Proving Mens Rea in Corporate Criminal Liability Under Malaysian Anti-Corruption Law

The fight against corruption is a national and international primary concern for lawmakers and enforcement officials. Corporate criminal liability is an aberration of imputing criminal responsibility on a corporation against a natural person, which requires a combined effect of the actus reus and mens rea. A corporation incapable of committing a crime imputes corporate mens rea through its directors, senior managers or officers that constitute executive powers. In doing so, Malaysia uses the identification doctrine to impute mens rea. This article evaluated the most effective technique of establishing mens rea in dealing with modern corporate criminal responsibility. It used a doctrinal library- based research method to review pertinent corporate criminal liability literature, cases and legislations. The journal articles, cases and legislations were collected and analysed according to the themes to achieve the research objective. It was discovered that Malaysia still uses identification doctrine to prove corporate mens rea, making it difficult and near impossible to find large and multinational corporations liable since the directing mind and will are not actively involved in the corporations’ day-to-day operations. However, intention can still be imputed on the corporation based on its corporate culture. Hence, for section 17A of the MACC Act 2009 (2018 amendment) on bribery to be effective, there is a need for a shift from the use of identification doctrine in proving mens rea to corporate culture as that would balance the discrimination and unfairness of the identification doctrine and make it easier for large and multinational corporations to be charged with corporate criminal liability.

Comprehensive Analysis of Corporate Criminal Liability in India

This research paper examines corporate criminal responsibility in India, examining pertinent laws, challenges, controversies, comparison of Indian practices with those of other countries as well as significant case laws, judgments, and key findings.

An Appraisal of External influences in the Development of Corporate Criminal Responsibility in Cameroon

Legislations on corporate criminal responsibility often arise out of a pressing crisis, public outrage and the desire to be seen to have acted. However, the eventual enforcement of such legislation is often more weaker than originally promised. Despite the introduction of corporate criminal responsibility into the Cameroonian legal system, there are both institutional and human influences that have marked its development and implementation. It’s likely that external factors are able to affect the final content of the legislation and its implementation. This article analyses the external influences that have affected and which continue to affect the development of corporate criminal responsibility in Cameroon. This article also hails the insertion of corporate criminal responsibility in the revised Penal Code of 12 July 2016 as well as in other specific sectoral legislations. However, this article opines that the law poses very glaring challenges with regards to the imputation of corporate criminal liability and some practical challenges linked with the execution of some categories of sanctions which are not unconnected with the influences of some external parties. This article concludes with the call for the enactment of a specific corporate criminal code as well as the revision of the criminal procedure code in order to insert procedural provisions specific to corporate responsibility in Cameroon.

The Concept of Corporate Criminal Liability in the Fisheries Sector After the Job Creation Law Application

Various kinds of criminal acts in the field of fisheries have emerged, consisting of individuals and or corporations. The existence of a corporation is an obstacle in determining criminal responsibility. The purpose of this research is to analyze the concept of corporate criminal liability in the fisheries sector. The research method used is normative juridical with statutory and conceptual approaches. The results of the study found differences in the concept of corporate criminal responsibility after the Application of the Job Creation Law where previously criminal acts of fishing could be carried out by corporations, and criminal responsibility was carried out by administrators. After the enactment of the Job Creation Law, the concept of corporate criminal responsibility for fisheries follows the development of the third stage of corporate criminal responsibility, in which the corporation commits a crime against the responsible corporation.

Analysis Of The Formulation Of Criminal Provisions In Law Number 12 Of 2012 Concerning Higher Education

The criminal determination legislation policy in Law no. 12 of 2012 concerning Higher Education is a part of the stages of crime prevention in the field of higher education which is expected to be able to provide clear directions for law enforcement officials at the application and execution stages of a crime by providing complete sentencing rules. However, it turns out that the criminal provisions in the law are only an incomplete or partial set of tools in the context of tackling criminal acts in the field of higher education. This can be seen from the many juridical problems in the law, including the absence of juridical qualifications, corporate criminal responsibility issues and so on. For this reason, in the future it is necessary to update the existing criminal provisions formulation policy in the Higher Education Law.Keywords: Criminal Law Policy; Formulation; Juridical Issues

Criminal accountability of state owned enterprises in criminal acts of corruption

State-Owned Enterprises (BUMN) (hereinafter referred to as BUMN) are one of economic actors that contribute to the development of state finances. SOEs as corporations can run a variety of businesses such as health services, implementation of banking services, industry players, the transportation sector, services in the field of providing goods and services, and so on. In addition to contributing in the form of profits from its business sector, State-Owned Enterprises (BUMN) also contribute in the form of paying taxes to the state. Business fields managed by BUMN are basically profit-oriented, so that all business activities of State-Owned Enterprises (BUMN) are directed towards the goal of achieving profit. The separation of criminal responsibility is very important to explain, bearing in mind that in Article 20 paragraph (2) of the Corruption Crime Law, it is only formulated that: -alone or together". The formulation of the article with the sentence "...acting in a corporation..." shows that corporations are subjects of criminal law. It is this doctrine of the corporation as a legal subject that influences the development of corporate criminal responsibility as the perpetrator of corporate crime at this time.

Corporate Criminal Liability in Procurement of Goods and Services in Hospital

Procurement of goods and services for the benefit of the government is one of the tools to drive the wheels of economy in order to improve the national economy in order to create people's welfare and improve the quality of human resources. However, there are many problems in the implementation of the goods and services procurement program, such as mark-ups that exceeded the limit and law enforcement which was considered problematic, this resulted in the difficulty of determining which administrators were responsible for violations in the procurement of goods and services, given the complex form of management in a corporation that raises doubts about the possibility of the corporation to be held criminally liable and sentenced. Especially in hospitals which, at every level, every subject who carries out their duties and functions, can represent the hospital as a corporation. This article discusses corporate criminal responsibility for violations committed by Directors, Budget User Authorities, procurement committees and/or project executors in the procurement of goods and services in hospitals. This study will answer how is the criminal responsibility for violations committed by the Director and Committee in the procurement of goods and services at the Hospital and how is corporate criminal responsibility towards third parties for violations committed in the procurement of goods and services at the Hospital. The method used is qualitative and the approaches used are statute, conceptual, and case.

Studi Perbandingan Hukum Perwujudan Pertanggungjawaban Pidana Korporasi antara Inggris dan Indonesia

A corporation is a legal entity established with a certain amount of capital to carry out business activities in an area. The implementation of corporate activities must comply with all applicable regulations in the region. However, there is the possibility of rules violation, for example, committing a crime so that they must be held responsible. Corporate criminal liability implements in countries such as the UK and Indonesia. The two countries have characteristics related to this aspect, which raises questions regarding the manifestation of corporate criminal responsibility in the UK and Indonesia, including their differences and similarities. This study aims to describe corporate criminal responsibility in England as a pioneer country and Indonesia as a civil law country that had never recognized this practice. The research explanation expects to make the reader aware of the embodiments, differences, and similarities. This study applies a normative juridical method that uses literary sources to answer problems and a comparative law approach to explain the differences and similarities of corporate criminal responsibility. The study results prove that corporate criminal liability in England and Indonesia has characteristics with differences and similarities.

Corporate Criminal Responsibility in Corruption Criminal Act

Corporate Criminal Responsibility in Corruption Criminal Act

ON THE ISSUE OF CRIMINAL LIABILITY OF LEGAL ENTITIES

The article characterizes the ratio of types of responsibility of legal entities in the Republic of Uzbekistan in the modern legal order, as well as some issues of corporate criminal responsibility.

CRIMINAL ACCOUNTABILITY FOR CORPORATE CONVICTS IN SPATIAL PLANNING CRIME: HE CONCEPT OF BENEFICIAL OWNERSHIP (BO)

The aim of the research is to learn more about the concept of beneficial ownership (BO) as an approach for criminal liability in lieu of spatial planning crimes for corporations that lack assets or corporations that can only pay a portion of the crime. Several regions of the Unitary Republic of Indonesia have experienced widespread violations of spatial planning, according to some experts, as a result of substantive weaknesses, including the UUPR’s criminal sanction system’s philosophical, theoretical, and legal flaws, particularly its criminal sanctions for corporations. Theoretically, several theories of corporate criminal responsibility have not been able to reach corporate convicts in spatial planning crimes. The research method uses normative juridical methods. This research method is a legal research method that bases its analysis on applicable laws and regulations that are relevant to the research topic. The results of the study show that the UUPR on corporate criminal sanctions is incomplete, and the formulation of the norms does not address substitute punishment for corporate criminals who lack assets or who can only afford a part of their sentence. The UUPR’s corporate criminal sanctions were not functional as a result of the incompleteness of the norms’ formulation, preventing the achievement of the law’s goals. The term “beneficial ownership” (BO) refers to natural persons who ultimately own or control (ultimately owns or controls) clients and/or people whose transactions are executed on their behalf. The BO concept and regulations regarding BO transparency indicate that it can be used as an approach to reach alternative criminal liability for corporations. In terms of philosophy, the BO concept is consistent with the goal of criminal punishment for corporations; specifically, by imprisoning the actual beneficiary, the payment of the penalty can be used to return the space’s damage to its original state, or at the very least, it can have a deterrent effect on those who use the space in an improper manner. So, for the Ius constituendum it is proposed to formulate criminal norms in lieu of fines for corporations by expanding accountability through the beneficial ownership (BO) concept approach.

Legal Review of Corporate Crime Against Sanctions as Substitute for Fines (District Court of Serang, Banten, Indonesia)

This study aims to examine, analyze and understand the concept of corporate criminal responsibility and the reformulation of alternative criminal penalties against corporations for unpaid fines. Several criminal cases that have been resolved at the Serang District Court until 2020 have not found a single corporation that has been tried and convicted for committing a corporate crime. The judge is only passive, the judge's authority is only to examine, hear and decide cases based on the indictment made by the public prosecutor. Return of court case files to the prosecutor's office only if the indictment does not meet material requirements. PERMA Number 13 of 2016 does not regulate if the criminal fine cannot be paid by the corporation due to insufficient or non-existent corporate assets. This research was conducted in a normative juridical manner so that the disclosure was bound by a method based on the requirements of deductive logic, prioritizing literature studies with secondary data bases, namely primary, secondary and tertiary legal materials. In terms of evidence in court, if the fact is found that the corporation should also be a legal subject who can be held criminally responsible, the public prosecutor should have made a separate indictment for the legal subject of the corporation so that the corporation does not escape its responsibility. The provisions in PERMA No. 13 of the Year should regulate corporate assets if they do not pay the fines enough or even do not have the assets to pay the fines. Law enforcement officials should investigate the assets of the corporation first.

The Regulation of Money Laundering and Corporate Criminal Responsibility in Spain:

Initiating with the conceptualization of who are Virtual Asset Service Providers (hence forward: exchangers) , especially the ones who work with virtual exchangeable assets, this paper aims to study the high risk their activities suppose on increasing money laundering and what are Spain ’s legal framework on money laundering and if they can be enforced on exchangers, based not only on the national legislation but also on the European Union’s existing directives on the subject. Moreover, it will be analysed the role of compliance as a practical procedure tool to prevent money laundering in exchangers activities and how the current legislation in Spain already promotes that, as the current criminal law extinguishes responsibility of legal persons who demonstrate an effective compliance program if they fulfil all requisites. Hence, this paper will be able to make a comprehensive study on exchangers, who they are and what are their activities as regulated in Spain’s legal framework. Therefore, is going to answer the investigation’s main question regarding the role of compliance to deter money laundering in this focus group.

Reconstruction of Liability for Corruption Involving Corporations Based on the Justice Value

The formulation of the problem in this study is what are the weaknesses of the accountability for criminal acts of corruption involving corporations in Indonesia Currently and How is the reconstruction of the accountability for criminal acts of corruption involving corporations in Indonesia based on the justice value in a Sociological-Juridical Type of Research where the researcher's primary data refers to data or facts and legal cases that are obtained directly through research in the field, including information from respondents related to the object of research and practices that can be seen and related to the object of research. Secondary data is done by means of literature study. Secondary data in this study include: Primary legal materials, which consist of: 1945 Constitution of the Republic of Indonesia, Law No. 2 of 2011 concerning Amendments to Law No. 2 of 2008 concerning Political Parties. The results of the study shows that the weakness of accountability for criminal acts of corruption involving corporations is from the aspect of legal substance, that the purpose of punishment in the Criminal Code has not been properly implemented in corporations. Weaknesses from the aspect of legal structure, that there is no synergy between law enforcers so that they are no longer fragmented, and weaknesses from aspects of legal culture, including the low loyalty of the law enforcement officers in carrying out and carrying out state duties, behavior patterns and professionalism. Apparatus is one of the main problems that must be studied for reform and become a solution in the enforcement of integral corporate criminal responsibility. Therefore the Reconstruction of accountability for criminal acts of corruption involving corporations based on the value of justice is in Article 15 and Article 20 paragraph 8 of Law Number 20 of 2001.

CORPORATE CRIMINAL LIABILITY IN LAW ENFORCEMENT AGAINST PREMANISM

The practice of thuggery carried out by corporations is often found in the loan repayment process. This had resulted in the mushrooming of debt collector businesses, which generally employed high-profile ex-convicts who were used as collateral to intimidate other parties. In this study, the type of research used is normative juridical research using a law approach and a case approach. From the results of the study, it can be concluded that the enforcement of corporate criminal law against thuggery activities in the four cases studied by the authors was carried out by applying a penal policy (repressive effort). Repressive efforts were made against the Defendants by making arrests and then examining them for questioning for their actions. However, because the actions of the Defendants have deeply disturbed the public, especially the container trailer truck drivers, especially the actions of the Defendants are also contrary to the applicable regulations, the Public Prosecutor submits the Defendants to trial for later examination and trial by the Panel of Judges in the fairest way possible. The application of corporate criminal responsibility to thuggery, in this case the Panel of Judges sentenced the Defendants who were involved in one unit to PT. Tanjung Raya Kemilau, meaning, in this case the Panel of Judges applies the first model of the theory of corporate responsibility proposed by Mardjono Reksodiputro, namely "Corporate Management as the maker and the administrator is responsible", while still aligning the theory and the applicable legal rules contained in Article 48, Article 49, Article 50, Article 56, Article 486, Article 487 and Article 595 of the latest Draft Criminal Code. Thus, as one of the law enforcement officers, the panel of judges has carried out their duties in accordance with applicable regulations.

IMPLEMENTATION OF CORPORATE CRIMINAL RESPONSIBILITY IN LAW ENFORCEMENT OF THE TRANSNATIONAL DIMENSION OF TRAFFICTING IN PERSONS

Trafficking in persons is a modern form of human slavery (Modern Day Slavery) and is one of the worst forms of treatment for violations of human dignity. In this study, the type of research used is normative juridical research with a law approach and a concept approach. From the results of the study, it can be concluded that the use of criminal law regarding corporate criminal liability in the crime of trafficking in persons with a transnational dimension at Unit IV Sub-Directorate III of the Directorate of General Crimes of the Criminal Investigation Unit of the Police is to harmonize the legal arrangements for the criminal act of trafficking in persons charged by the public prosecutor that there are in Article 10 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the theory put forward by experts related to the elements of criminal liability and the model of corporate criminal liability. The implementation of corporate criminal responsibility in law enforcement of the criminal act of trafficking in persons with an effective transnational dimension is one whose solution prioritizes the concept of restorative justice. The concept of restorative justice is the concept of resolving a particular crime that involves all interested parties to jointly seek a solution and at the same time find a solution in dealing with events after the crime has arisen and how to overcome its implications in the future.