Corporate Criminal Research Articles

Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law

Human Rights Violations and Corporate Criminal Liability: An Analysis of the New Indonesian Criminal Law

Corporate Criminal Law Liability in Corruption Crimes Based on Perma RI Number 13 of 2016

Corporate Criminal Law Liability in Corruption Crimes Based on Perma RI Number 13 of 2016

Corporate Criminal Liability Against Pollution Environment Life

Corporate Criminal Liability Against Pollution Environment Life

Criminal Law Policy Related to Corporate Criminal Liability in Facing the Challenges of Globalization

The acceptance of corporations as the target of crime, thus raising the issue of criminal policy in the prosecution of corporate crime. There are two main topics in this research, namely (1) how is the current criminal law policy towards criminal liability? (2) How is the criminal policy of criminal liability in the problem of globalization era in review of ius constituendum? The research method uses normative jurisprudence research method with law making, comparison and analysis of legal concepts. The results of the research are: (1) Criminal law does not regulate society as an object of criminal offense has regulated society as an object of crime. (2) economic life between countries is increasingly dependent on each other, therefore international trade regulations are increasingly needed. There used to be a saying that the poorer a country is, the higher the crime is, now the saying only applies to ordinary crimes such as theft, robbery, fraud and embezzlement.

The Level of Criminal Victimization of Legal Entities in the Russian Federation

Victimological statistics play an important role in the implementation of activities aimed at countering crime. The study of statistical indicators of criminal victimization makes it possible to identify trends, trace the dynamics of negative consequences, and focus on the regions and areas of activity most susceptible to victimization. Based on mathematical formulas developed earlier by scientists for determining the level of crime and victimization, a formula for calculating the coefficient of criminal victimization in relation to legal entities has been derived in the scientific work, which allows more accurately tracking the level of corporate victimization both on the territory of the entire Russian Federation and in individual districts and subjects of the Russian Federation. As a result of the study, the level of criminal corporate victimization for 2021 and 2022 was calculated, their comparative analysis was performed. In particular, the average coefficient of criminal victimization of legal entities in Russia in 2022 amounted to 8970 and exceeded this indicator 2021 by 15 %; of all the districts of the Russian Federation, the highest level of victimization legal entities in the Southern Federal District, and the lowest — in the Central Federal District.

Corporate Criminal Liability As An Insurance Crime Perpetrator Based On Law Number 1 Of 2023 On Criminal Law

The Insurance Law and the Indonesian Penal Code regulate criminal acts such as fraud during agreements and insurance claims. However, prior to Law No. 1 of 2023, criminal liability applied only to individuals, not corporations. This specific law establishes corporate criminal liability in insurance matters, enabling prosecution against corporations and their executives. Cumulative criminal threats are challenging to impose on corporations as they apply to executives, not the corporation itself. This study is a normative legal investigation exploring regulations, principles, and legal norms, aiming to accurately comprehend corporate criminal liability in the insurance field in Indonesia. Insurance crimes in Indonesia before the enactment of Law No. 1 of 2023, such as fraud during agreements and claims, were governed by Articles 381 and 382 of the Penal Code. Insurance Law No. 40 of 2014 covers ten articles encompassing insurance crimes, including operating without a license, document forgery, and misuse of confidential information. Articles 45-50 of Law No. 1 of 2023 establish corporations as subjects of criminal acts in insurance. Penal sanctions include fines and additional penalties, focusing on impact assessment and losses, governing a specific accountability system within insurance-related criminal acts.

Driving Irritation: Thailand's Supreme Court and the English Roots of Corporate Criminal Liability – CORRIGENDUM

Driving Irritation: Thailand's Supreme Court and the English Roots of Corporate Criminal Liability – CORRIGENDUM

Reforming Corporate Criminal Liability: Is the 2023 Act Too Much, or Not Enough?

Reforming Corporate Criminal Liability: Is the 2023 Act Too Much, or Not Enough?

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 Liability and Artificial Intelligence: Doctrinal Overview, Problems and Perspectives

Integrating artificial intelligence (AI) in corporate strategies introduces significant challenges to corporate criminal liability. Traditionally, corporations can be held liable for crimes committed by human agents under the doctrine of respondeat superior, but AI systems complicates this framework. The article explores some legal implications of AI-induced crimes, focusing on the need for robust compliance and risk management practices. It emphasizes the potential for AI to influence corporate decisionmaking and the conditions under which companies may be held liable for AI-related offenses. The discussion highlights the importance of preventive measures to mitigate these risks and offers insights for stakeholders on navigating the evolving criminal law landscape.

Corporate Criminal Liability With The Recent Amendments

Corporate Criminal Liability With The Recent Amendments

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 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 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.

Corporate Criminal Liability

The idea that criminal activity is exclusive to humans is false. In addition to being a distinct legal entity, a company can be an artificial person in criminal activity. At first, in the 16th and 17th centuries, it was thought that a company was incapable of committing any crimes. The idea that a company is a distinct legal entity has been met with some difficulties; yet a company lacks a soul and body of its own. They are therefore incapable of committing any offenses or crimes for which they could be held accountable. However, the idea of corporate criminal liability has evolved progressively because of several rulings, such as Standard Charter Bank V. Directorate of Enforcement. Any act's criminal culpability stems from the Latin maxim Actus non facit reum mens sit rea, which states that in order to hold someone or anything accountable, it must be proven that they committed an act or omission that is prohibited by law and that they have mens rea, which is defined as having a guilty mentality for legal purposes. It is included in the list of white-collar crimes. The article discusses the significant transformation of corporate criminal liability from its undeveloped state to a well-established legal doctrine. This article further explores the ideas and theories that underpin the idea that companies are criminally responsible for crimes, looking at ideas like the identification doctrine, corporate mens rea, and vicarious liability. The importance of imposing criminal sanctions for the corporate crime committed by the company in the form of fine and imprisonment is further discussed.

Studi Literatur Pendidikan Anti Korupsi Pada Organisasi Sektor Publik

Organizations are made up of people who react differently to the impact of corruption. Organizational integrity includes the integration of systems, operational organization, strategy, control, corruption, and ethical standards, thereby creating norms of behavior. Another misconception is that corruption originates from organizations, not the individuals within them, as if ethical violations in practice occur almost by osmosis from organizations that are not accountable to those individuals. Individual efforts to eradicate corruption are likely to be less successful than efforts made by organizations. The transfer of money from individuals into organizational dynamics can be seen in the case of criminal corporations. Disruption if the organization provides a structural framework that eliminates the possibility of practical corruption. The ability of individuals to interpret rules or decide whether to implement certain protocols should be avoided in systems that cannot be manipulated.

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.

Driving Irritation: Thailand's Supreme Court and the English Roots of Corporate Criminal Liability

AbstractIn Thailand, the concept of corporate criminal liability is commonly identified with significant theoretical and practical uncertainties. Only limited attention, however, has been devoted to the notion's historical roots in English legal transfers. This article examines the relevant legislation, court cases, academic literature, and other records. It carves out the continuous English influence on Thai corporate crime doctrine and highlights the legal irritation that occurred along the way. It argues that irritation was not automatic but driven by the Supreme Court, whose choices were shaped by decades of English impact on Thai legal education and practice. The article thereby highlights the dynamics between legal transfers and local drivers of legal development. It expands the growing research on the continued relevance of English law in Thailand and concludes with an outlook on the future of Thai corporate crime doctrine.

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.