Corporate Criminal Liability – National and International Responses

25 Commonwealth Law Bulletin 600 (1999)

11 Pages Posted: 11 Jul 2019

See all articles by Markus Wagner

Markus Wagner

Director, Transnational Law & Policy Centre and School of Law, University of Wollongong

Date Written: 1999

Abstract

The process of globalization and the growth of interdependence in economic, social and environmental activities by corporate entities requires greater international cooperation between countries. At the same time, the amount of economic and white-collar-crime has grown substantially. One of the most pressing global issues is the predominance of national and multinational corporations in economic transactions and their accountability.

In this context, the development of corporate criminal liability has become a problem which a growing number of prosecutors and courts have to deal with nowadays. In the common law world, following standing principles in tort law, English courts began sentencing corporations in the middle of the last century for statutory offenses. On the other hand, a large number of European continental law countries have not been able to or not been willing to incorporate the concept of corporal criminal liability into their legal systems. The fact that crime has shifted from almost solely individual perpetrators only 150 years ago, to white-collar crimes on an ever increasing scale has not yet been taken into account in many legal systems. At the same time, crime has also become increasingly international in nature.

Keywords: international criminal law, corporate criminal responsibility, criminal law, corporate crime, transnational criminal law

Suggested Citation

Wagner, Markus, Corporate Criminal Liability – National and International Responses (1999). 25 Commonwealth Law Bulletin 600 (1999), Available at SSRN: https://ssrn.com/abstract=3415253 or http://dx.doi.org/10.2139/ssrn.3415253

Markus Wagner (Contact Author)

Director, Transnational Law & Policy Centre and School of Law, University of Wollongong ( email )

Northfields Avenue
Wollongong, New South Wales 2522
Australia

HOME PAGE: http://scholars.uow.edu.au/markus-wagner

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