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European Corporate Criminal Liability

European Corporate Criminal Liability Book

Environment law
The enforcement of environmental law in Europe has attracted a lot of attention in recent years. A number of studies have been published on the similarities and differences between environmental law enforcement mechanisms (criminal, civil and administrative) in EU Member States. These studies provide knowledge on the possibilities for cooperation and coordination between Member States and on harmonisation at the European level. It has recently become clear that the use of criminal sanctions to protect the environment is the preferred EU legal tool. The judgment of the European Court of Justice in Commission v Council (Case C-176/03) confirms that in order to ensure the full effectiveness of Community rules at national level, Member States can be required to impose criminal sanctions for environmental offences. This most recent work concerns criminal investigation, prosecution and criminal sanctioning, and is based on a questionnaire drawn up by the IMPEL ad hoc Working Group on Criminal Prosecution, IMPEL being the European Union Network for the Implementation and Enforcement of Environmental Law, an informal network of the environmental authorities of the EU Member States.
In the United States, corporations—
as entities—can be criminally tried and convicted for crimes committed by
individual directors, managers, and even low-level employees.
The book
European Corporate Criminal Liability Law, edited by AP Publishing, aims to provide a basic insight into the systems and methods of corporate criminal liability, including environmental liability, cases in practice in EU Member States. Corporate Criminal Liability covers the principles of corporate criminal liability, procedures to follow, directors’ liabilities and individual offences. This work analyses the criminal liability of directors and other company officers; includes a comprehensive explanation of the principles and practice of sentencing corporate defendants including restraint and confiscation. It gives an historical background to corporate criminal liability and explains how the subject has developed over the years, to provide you with a fully rounded understanding of the subject Guides you through the criminal procedure, explaining everything from the instigation of proceedings to the sentencing, to the costs, enabling you to be fully prepared when a case goes to trial.

examining how companies can be
prosecuted in dierent European
(and other developed) countries

How companies commit crimes

– Tests of criminal liability in dierent countries

corporate criminal liability

– What happens in jurisdictions with no

– Bene ts of dierent kinds of liability

– How corporate crimes are investigated

– How companies are sentenced

– Directors’ legal responsibilities

in their companies’ oence

The liability of corporate executives for complicity

and work-related death and injury

– Criminal liability for fraud, money laundering

– Human Rights, companies and obligations of states
Events over the past decade have heightened public and legislative
awareness of the grave harm that companies can cause when they
carry on their business in a grossly negligent or criminal manner.
Cases such as Lehman Brothers, Enron and Worldcom highlight the
fragility of businesses with previously good reputations.
Nor is the harm limited to nancial loss. The crash of the Concorde in
France, the capsize of the Herald of Free Enterprise outside
Zeebrugge, the explosion at the Piper Alpha oil rig in Scotland and
and rail crashes at Southall, Paddington, Hateld, and Potters Bar in
England have underscored how serious injuries and deaths can
result from poor risk management.
Failed prosecutions (and the failure to bring prosecutions because of
anticipated problems of proof) have highlighted the inadequacy of
traditional criminal law doctrines for coping with corporate fault.
Legal concepts such as actus reus, mens rea, and causation, designed
with natural actors in mind, do not easily lend themselves to
inanimate ctional entities such as companies. In response to the
inadequacies of the existing law, statutes have been enacted in
many European countries, including France, Italy, the Netherlands,
Austria, and, most recently, the UK (Corporate Manslaughter and
Corporate Homicide Act 2007).
The purpose of this conference is to obtain a better understanding of
how the laws in dierent European jurisdictions deal with corporate
criminal culpability and its investigation, prosecution and sentencing.
Based on summary reports of the law and practice in all European
jurisdictions – and a series of thematic discussion papers on
cross-cutting issues, this conference will take stock of corporate
criminal liability law and practice throughout Europe and consider
key issues that divide jurisdictions: administrative law versus criminal
law responses; individual versus corporate culpability; new general
principles of liability versus individual oence reform; and the
dierent kinds of investigation and sentencing that take place.

It includes coverage of topics such as schemes to defraud, sensitive domestic payment, and offenses related to Internal Revenue Code violations; obstruction of justice; perjury and false statements; environmental crimes; interpretation of acts of wrongdoing regardless of intent; bribery and gratuity; major tax crimes; and corporate slush funds. Presents strategies for minimizing corporate criminal liability. Features
•Detailed analysis of critical liability components under major federal statutes
•Illustrates provisions of selected statutes and regulations
•Includes Statute Distribution Table, Regulation Distribution Table, and a Table of Cases

General Principles of Corporate Criminal Liability
Chapter
1.Corporate Crime and Punishment
2.Evolution of Corporate Criminal Liability
3.Imputation of Criminal Conduct to the Corporation
4.Imputation of Criminal Intent to the Corporation
5.Attribution of Criminal Conduct to Corporate Officers, Managers and Supervisors.