This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.
A corporation is an artificial legal person, existing only in the contemplation of law, having perpetual succession and common seal. Can a corporation commit crime, for its inability to form mens rea? If yes, then can it be accused of crimes as grave as homicide? Even post the Bhopal Gas Tragedy and the Uphaar Cinema Tragedy, absence of legislation such as the Corporate Manslaughter and Corporate Homicide Act, 2007 (UK) is no less a pity. Absolute liability theory (coupled with deep-pocket theory), though is an improvisation over the strict liability theory but has failed to ensure corporate criminal deterrence. This book is an attempt to ponder over issues relating to corporate criminal behaviour, in particular 'corporate homicide' and 'corporate manslaughter'.
This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.
This document contains a range of written evidence submitted to the joint inquiry by the Home Affairs Committee and the Work and Pensions Committee, in relation to the Governments proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation.
The UK's Corporate Manslaughter and Corporate Homicide Act 2007 has created a new offense of corporate manslaughter. This second edition provides an expert guide to general procedure and practice surrounding this topic. It offers indispensable advice for all those practicing in criminal law in the UK, and it will also benefit health and safety / health care professionals. The areas covered include: criminal responsibility for work related accidents * sentencing * practical issues * investigations by the police and the UK's Health and Safety Executive * construction * transport * the chemical industry * oil and gas * healthcare * waste management * environmental liability including nuclear * local authorities * Ireland * Scotland * an international perspective.
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.