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Corporate Criminal Liability

31 important questions on Corporate Criminal Liability

What 2 elements must be present for serious criminal offences?

1. Actus reus - Guilty act (that the law seeks to prevent)
2. Mens rea - Guilty mind, which is the culpable state of mind during the act

Both must occur at the same time to qualify for a criminal act

What are the 3 element of the actus reus of murder in the UK?

1. An unlawful killing
2. Of a human being
3. Under the Queen's peace (not at wartime)

What are the 3 types of actus reus?

1. Conduct crime - formed by behaviour
2. Result crime - the actus reus needs a specific consequence/result
3. Omission - if the law imposes a positive duty to act

What are the 3 types of mens rea in the UK and the US?

1. Intention
2. Recklessness
3. Negligence
USA:
4. Knowledge

What is the difference between direct intent and oblique intent?

Direct intent occurs when the consequence is desired, while oblique intent occurs when the consequence is expected to be virtually certain also when it has not been specifically desired

What are strict liability offences?

Exceptions in which there doesn't have to be an actus reus and mes rea to constitute a crime. No mens rea needs to be proven.

What are strict liability crimes?

Statutory offences that affect incredibly large groups of people

What are the characteristics of a company as a defendant for crimes that need mens rea?

1. Vicarious liability does not apply - company must directly be held liable
2. Doctrine of identification generally applies
3. Senior agent must have the required mens rea and have been acting for the company
4. Exceptions are for corporate manslaughter for example, than general management failure suffices

What is the doctrine of identification?

For legal purposes a a person is recognised as being the company. Should be at least one senior individual, that is seen as the guiding mind of the company

What are the 2 doctrines pertaining to companies as defendants for crimes that need mens rea in the federal law of the US?

1. Respondeat superior doctrine - holds corporations liable for any agent's acts, regardless of ranks
2. Collective knowledge doctrine - The guilt of one individual is not necessary. Mens rea can be derived from adding together the failings of several employees

What is the Model Penal Code?

Foundation of criminal law in some state law in the US. It states that in order for a company to be held accountable for felonies and misdemeanours, the crime should have been carried out by a senior officer of the company. Only goes for large offences

When is the employer liable for crimes requiring mens rea in the course of business?

When they are primarily responsible for the circumstances.

When is the employee liable for crimes requiring mens rea in the course of business?

When the employee is not acting as an agent of the company, but as a private individual for his own benefit

What are the 3 types of manslaughter?

1. Voluntary - the actus reus and the mens rea of murder, but some circumstances partly excuse his behaviour
2. Constructive manslaughter (criminal set out to conduct a lesser criminal offence, but killed someone in the process)
3. Gross negligence manslaughter (performance of a lawful act carried out with gross negligence)

What are the 3 necessary elements for gross negligence manslaugther?

1. There had to be a duty of care to the deceased
2. A breach in that duty of care caused the death
3. The negligence was so gross, as to justify criminal liability

What are the 2 categories of property offence?

1. Those that require fraud
2. Those that do not require fraud

What are the 5 non-fraudulent property offences?

1. Theft
2. Burglary
3. Blackmail
4. Criminal damage
5. Handling stolen goods

What are the 3 fraudulent property offences in the UK?

1. False representation
2. Failing to disclose information
3. Abuse of position

When can a company be held liable for bribery?

When a senior agent of the company has offered/received the bribe, the doctrine of identification counts. In the UK not preventing a bribe also leads to liability, but without the doctrine of identification

What are the 3 types of voluntary manslaughter?

1. Murder reduced to manslaughter on grounds of loss of control
2. Suicide pact
3. Murder reduced to manslaughter on grounds of diminished responsibility

What is the difference between assault and battery?

Mens rea in both cases is that of basic intent and the test subjective, however, the actus reus in the case of assault is causing the victim to expect the infliction of violence, while in the case of battery it is the unlawful application of force to the body of another

What are the mens rea and actus reus of theft?

Mens rea:
1. Dishonesty
2. Intention to permanently deprive the other of the property

Actus reus:
1. Appropriation of property
2. Circumstance that property belonged to another

What are the mens rea and actus rea of handling stolen goods?

Mens rea:
knowing/believing the goods are stolen and behaving dishonestly

Actus reus:
Receiving stolen goods or arranging to do so

What are the mens rea and actus reus of burglary?

Mens rea:
1. Intention/recklessness with respect to entry of premises
2. Intention to commit the ulterior offence

Actus reus:
1. Trespass
2. Entry into building or part of a building

What are the mens rea and actus reus of blackmail?

Mens rea:
Intent to make the demand with menaces with a view to a financial gain or causing a financial loss

Actus reus:
A demand supported by menaces

What are the mens rea and actus reus of criminal damage?

Mens rea:
Intention or recklessness

Actus reus:
Destroying/damaging property belonging to another

What are the requirements of fraud by false representation?

The defendant:
1. Made a false representation
2. Dishonestly
3. Knowing that the presentation was/might be untrue/misleading
4. With intent to make a gain for himself or cause a loss to another

What are the requirements for fraud by failing to disclose information?

The defendant:
1. Failed to disclose info to another person
2. When he was under legal duty to disclose said information
3. Dishonestly intending by that failure to gain or cause a loss

What are the requirements for fraud by abuse of position?

The defendant:
1. Occupies a position in which he is expected to safeguard/not act against the financial interests of another person
2. Dishonestly abuses that position
3. By means of the abuse of that position to make a gain for himself/another or cause a loss for the other

Why are punitive civil sanctions better than criminal punishment in punishing companies?

1. Monetary sanctions are appropriate, and can be tailored much better in civil sanctions than criminal punishment
2. Corporate claimants are relatively abundant, while criminal investigations cost a lot of time and resources
3. There are many specialised agencies for public enforcement, with a speciality in a certain area

When is corporate criminal prosecution necessary?

In cases where the corporate system itself helps produce criminal behaviour and is deeply woven into the standards of the organisation

The question on the page originate from the summary of the following study material:

Foundation of Business Law

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