UK Legislation Of Corporate Crime

Academic Law Writing

Economic Crime Plan, 2019 to 2022 published by the UK Government on 12 July 2019 proposed strategic action plans for tackling corporate criminal crimes. According to Lord Chancellor and Secretary of State for Justice Robert Buckland QC, corporate crimes weaken faith in business, and they distort markets and greatly impacts people’s livelihoods and their future. Therefore, corporates that abet this behavior should not go unpunished. Neither the Bribery Act 2010 nor the Criminal Finances Act 2017 established accountability for offences in corporates. Under English Law, the identification doctrine defines a company criminally liable if the crime can be attributed to a person who was the “directing mind” of the company at the pertinent time.

This gets limited to senior members such as the executive officers and directors. Subsequently, it becomes an obstruction to impeach large corporations with complex arrangements. According to legal experts, this would make companies reinforce inner reins and risk management. The current legislation should be replaced by introducing new laws similar to the US model by intensifying the possibility for corporate bodies to be found guilty on the basis of actions of individuals in the organization. The prosecution should demonstrate the management’s failure to check the crime.

X