文章基本信息

标题：Imposing Criminal Liability to Corporate Bodies
本地全文：下载
作者：Mohammad Habibzadeh ; Mohsen Sharifi
期刊名称：International Journal of Innovative Research in Science, Engineering and Technology
印刷版ISSN：2347-6710
电子版ISSN：2319-8753
出版年度：2013
卷号：2
期号：10
页码：5855
出版社：S&S Publications
摘要：Corporate bodies' dominance over various aspects of human's social life, specifically along with the growthof privatization process in the late 20th century is irrefutable and undeniable. Inefficiency of civil and administrativesanctions in preventing the corporate bodies from dangerous activities has made many legal systems to recognize thecorporate criminal liability based on the reasons including criminology reality, similar bases for civil and criminalliabilities, higher precision in selection of managers among members and shareholders and difficulty in specifying thefaulty corporate bodies.However, liability acceptance is accompanied by the essential questions about criterion for imposing a crime tocorporate body; i.e. how can we impose the fault to an authoritative existent? Can physical and mental elements ofcrime be attributed directly to corporate body or it must be attributed indirectly- vicariously? Do a corporate body'scriminal intent and behavior lower to the related members' criminal intent and behavior? Or can we achieve an intentand behavior liability model to prosecute criminal intent and behavior in the corporate body itself as well as itsstructure without emphasizing on recognition of the guilty person? The law doctrine does not believe in a unique modelconcerning the crime attribution to a corporate body. Some models including vicarious liability model rely on agencyprinciple and assume the corporate body as indirect liable. On the other hand, some models including Alter EgoDoctrine, Aggregation Doctrine and Corporate Body Policy consider the individual as direct liable. In this paper, weare going to study various approaches to corporate bodies' criminal liability; and it is assumed that appropriate model isone that does not restrict to legal person, but searches for liability in corporate body structure and transfers it from legalperson to corporate body.
关键词：Corporate body; Crime; Intent and will; Indirect liability; Indirect liability