Corporate Criminal Liability Conundrum

Abstract

The concept of corporate criminal liability, which has been around for quite some time, has been the focus of in-depth and heated debate in recent years, particularly with regard to its evolution and the effectiveness of its application. In spite of this, the most fundamental question of corporate criminal liability, which is, specifically, the role it serves in relation to other liability regimes, continues to be unresolved. The existing legal frameworks for imposing criminal liability on corporations suffer from a lack of clarity regarding the standards for imposing liability and the repercussions for corporations. This lack of clarity results in inconsistent application of the law and reduces the efficacy of corporate criminal liability as a tool for discouraging wrongdoing by corporations. This problem is made considerably worse by the fact that many corporate crimes are complicated and involve many countries. As a result, it is difficult to set exact rules for determining liability and to assure uniform enforcement across several different jurisdictions.