Law Library of Congress New Report on Corporate Criminal Liability in Selected Jurisdictions

In Custodia Legis: “In criminal law, an act combined with intent constitutes a crime. Corporations are legal persons who cannot act and do not have a mind, independent of their officers, managers, and employees. In most jurisdictions, corporations can be held responsible for the criminal actions of their officers and employees, particularly when those actions are committed within the scope of their employment and benefit the corporation. However, jurisdictional approaches vary. The Global Legal Research Directorate (GLRD) of the Law Library of Congress surveyed the law governing corporate criminal liability in selected jurisdictions from around the world, focusing on how certain categories of crime are punished. The report covers 60 jurisdictions, including 11 in the Americas, 18 in Europe (including the European Union), 15 in the Middle East, 3 in Africa, and 13 in Asia and the Pacific. The jurisdictional surveys reveal four approaches: A. corporations may be punished for the same crimes as natural persons; B. corporations may be punished for crimes only when specific provisions so prescribe; C. corporations are not subject to criminal liability, but administrative punishments may be imposed; and D. the criminal liability of corporations is covered in special legislation addressing this topic. Most of the jurisdictions surveyed for this report fall within the first or second categories. You can read the entire report or for a summary, you can look at the informative table included with the report. Read the report here.”