Corporate Criminal Liability Emergence, Convergence, and Risk
With industrialization and globalization, corporations acquired the capacity to influence societies for better or worse. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been
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IUS GENTIUM COMPARATIVE PERSPECTIVES ON LAW AND JUSTICE VOLUME 9
Series Editor Mortimer Sellers (University of Baltimore) James Maxeiner (University of Baltimore)
Board of Editors Myroslava Antonovych (Kyiv-Mohyla Academy) Nadia de Araujo (Pontifical Catholic University of Rio de Janeiro) ´ Jasna Bakšic-Mufti c´ (University of Sarajevo) David L. Carey Miller (University of Aberdeen) Loussia P. Musse Felix (University of Brasília) Emanuel Gross (University of Haifa) James E. Hickey Jr. (Hofstra University) Jan Klabbers (University of Helsinki) Claudia Lima Marques (Federal University of Rio Grande do Sul) Aniceto Masferrer (University of Valencia) Eric Millard (Paris-Sud University) Gabriël Moens (Murdoch University, Australia) Raul C. Pangalangan (The University of the Philippines) Ricardo Leite Pinto (Lusíada University of Lisbon) Mizanur Rahman (University of Dhaka) Keita Sato (Chuo University) Poonam Saxena (University of New Delhi) Gerry Simpson (London School of Economics) Eduard Somers (University of Ghent) Xinqiang Sun (Shandong University) Tadeusz Tomaszewski (University of Warsaw) Jaap W. de Zwaan (Netherlands Inst. of Intrntl. Relations, Clingendael)
CORPORATE CRIMINAL LIABILITY EMERGENCE, CONVERGENCE, AND RISK
Edited by MARK PIETH and RADHA IVORY
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Editors Mark Pieth University of Basel Faculty of Law Peter Merian-Weg 8 4002 Basel Switzerland [email protected]
Radha Ivory University of Basel Faculty of Law Peter Merian-Weg 8 4002 Basel Switzerland [email protected]
ISBN 978-94-007-0673-6 e-ISBN 978-94-007-0674-3 DOI 10.1007/978-94-007-0674-3 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2011925856 © Springer Science+Business Media B.V. 2011 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
This book is made up of the contributions of country experts and the general report on corporate criminal liability presented to the XVIIIth International Congress of Comparative Law held in Washington, DC, in the northern summer of 2010. It was a wise decision of the organizers to invite contributions on this specific topic as it has virtually exploded over the last decade: nearly all international treaties on economic and organized crime insist on the creation of corporate criminal liability (or, if not criminal, then quasi-criminal or administrative liability). Traditional resistance to CCL in continental European and Latin American civil law jurisdictions is weakening rapidly. In parallel, common law countries are reconsidering their approaches to imputation, which seem, by turns, too strict or too r
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