Can Corporations be Criminally Responsible?
In this paper I will attempt to clarify the notion of corporate criminal responsibility. My analysis is based upon the case of the Herald of Free Enterprise. In the theoretical and practical debate about this case I will analyse the legal difficulties around the notion of corporate criminal responsibility. These difficulties are essentially related to three questions. The first one is related to the fact that in our Western cultures, responsibility is based upon individual responsibility. The second one is related to the elimination of mens rea (the relevance of fault and the degrees of fault) in offences of strict liability. The last difficulty is connected to the values which inform the theory of individual responsibility, and the law which endorses it. Despite all these difficulties I shall argue that under certain circumstances it is possible to support that corporations have criminal responsibilities.
|Date of creation:||Oct 2012|
|Contact details of provider:|| Postal: Rua Diogo Botelho, 1327; 4169 - 005 Porto|
Phone: +351 226 196 200
Fax: +351 226 196 291
Web page: http://www.catolicabs.porto.ucp.pt/
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:cap:mpaper:022012. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Ricardo Goncalves)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.