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Corporate Criminal Liability

Corporate Criminal Liability
4th Edition
Practice Area:  Company Law, Criminal Law
ISBN:  9780414075283
Published by:  Sweet & Maxwell
Publication Date:  31 Mar 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION


The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to guide to the criminal process from the perspective of the corporate defendant with a scholarly analysis of the principles of corporate liability. In particular, it provides expert discussion on the latest practice on DPAs, issues with identification theory and delegation, questions of jurisdiction, and sentencing. The work also explains specific offences such as insolvency restrictions, fraudulent trading, and corporate manslaughter.
Key features
  • Provides a guide to what company’s should be doing in order to avoid the potential for breaking the law under the various heads of offences as well as a list of ‘best practices’ currently used by those industries
  • Explains and develops the theory of the ‘corporate veil’ and how/when the veil can be lifted
  • Provides an advanced guide as to how companies should be interacting with external authorities involved with investigating criminality as well as what internal mechanisms should be triggered when criminality is discovered or suspected internally/externally.
  • When it comes to the court process, the book details (at a practitioner’s level) how cases are opened and closed and what companies can expect from the court system, addressing issues of ‘anonymity’, ‘evidential burdens’ and relevant limitation periods for each specific offence.
New to this edition
  • Considers all key cases since the last edition including the Barclays case on corporate identification
  • Reviews practice in deferred prosecution orders (DPOs) after investigations into Rolls Royce and Tesco
  • A fully updated Appendix table as a ‘quick reference’ guide to specific offences, how they are tried, and aspects of sentencing

CONTENTS

  • Part I: Principles of Liability. Historical Background. Early Development. The Doctrine of Identification. The Principle of Delegation. 
  • Part II: Director’s Liability. 
  • Part III: Corporations and Criminal Procedure. Jurisdiction over Corporations. Proceedings in Criminal Courts. Restraint, Confiscation Orders and Asset Recovery. Sentencing. Costs. 
  • Part IV: Corporations and Human Rights. European Convention on Human Rights. 
  • Part V: Specific Offences. Corporate Manslaughter. Companies Act Offences. Insolvency. Financial Services & Markets Act 2000. Failure to Prevent. False Accounting. Corruption. Part VI: Regulatory Offences.

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