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Author : Scottish Law Commission
Publisher :
ISBN 13 : 9780108882487
Total Pages : 25 pages
Book Rating : 4.8/5 (824 download)
Download or read book Report on Criminal Liability of Partnerships written by Scottish Law Commission and published by . This book was released on 2011 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Scottish Law Commission
Publisher : Stationery Office/Tso
ISBN 13 : 9780108882586
Total Pages : 51 pages
Book Rating : 4.8/5 (825 download)
Download or read book Discussion Paper on Criminal Liability of Partnerships written by Scottish Law Commission and published by Stationery Office/Tso. This book was released on 2011 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of partnership still needs general reform and modernisation. The present law, based upon the common law and partly codified by a 19th century statute, the Partnership Act 1890 , is full of uncertainties and anomalies. This report is concerned with three issues. The first is the problem that the prosecution of a partnership may be frustrated by dissolution. The second issue concerns the circumstances in which partners might be held criminally liable, as individuals, for offences committed by the partnership. The third is what effect, if any, the dissolution of the partnership may (or should) have upon the prosecution of partners in respect of any such individual liability. Chapter 2 considers the decision of the High Court in Balmer v HM Advocate, the case which identified the dissolution problem. Chapter 3 examines the existing law in relation to the prosecution of partnerships, considering both the general rules applying by virtue of the 1890 Act and the Criminal Procedure (Scotland) Act 1995 and the variety of particular rules established by various offence-creating statutes. Chapter 4 looks at the options for reform. The Commission concludes that dissolution of the partnership is unlikely to be a bar to the enforcement of any individual criminal liability which might have arisen, and that any remaining uncertainty would be removed by resolution of the dissolution issue. Chapter 5 considers the dissolution issue in detail.
Author : Scottish Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780101823821
Total Pages : 40 pages
Book Rating : 4.8/5 (238 download)
Download or read book Report on criminal liability of partnerships written by Scottish Law Commission and published by The Stationery Office. This book was released on 2011-12-13 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: A failed prosecution following the fatal fire at the Rosepark nursing home in 2004 highlighted a problem with the law: a partnership could not be prosecuted once it had been dissolved. The Commission's report addresses this problem and recommends that it should remain competent to prosecute a partnership during a period of 5 years following its dissolution. The Report also includes a draft Bill which would give effect to its recommendations. In 2003, the Scottish Law Commission and the Law Commission published their joint report on Partnership Law (Cm.6015, SE paper 299, ISBN 9780101601528). This recommended comprehensive reform of the law of partnership, including the circumstances and effects of dissolution. The Scottish Law Commission's preferred long-term solution to the issue identified in the Rosepark case would be the implementation by the UK Government of the recommendations in the joint report on Partnership law. While the project on Criminal Liability of Partnerships was prompted by the failure of the attempted prosecutions following the Rosepark fire, the Commission emphasises that it is concerned with reforming the law for the future. The Report is not concerned with the facts of the Rosepark fire, and the Commission expresses no view as to the merits of the attempted prosecution of those involved.
Author : Mark Pieth
Publisher : Springer Science & Business Media
ISBN 13 : 940070674X
Total Pages : 401 pages
Book Rating : 4.4/5 (7 download)
Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Author : Amanda Pinto
Publisher :
ISBN 13 : 9780414075283
Total Pages : 0 pages
Book Rating : 4.0/5 (752 download)
Download or read book Corporate Criminal Liability written by Amanda Pinto and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to explain 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, Companies Act offences, and corporate manslaughter. 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.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Great Britain: Ministry of Justice
Publisher :
ISBN 13 : 9780101890229
Total Pages : 34 pages
Book Rating : 4.8/5 (92 download)
Download or read book Corporate Liability for Economic Crime written by Great Britain: Ministry of Justice and published by . This book was released on 2017-03-07 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated January 2017. A TSO version of a title previously published by HM Government made available under the Open Government Licence v3.0(http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)
Author : James M. Anderson
Publisher : Rand Corporation
ISBN 13 : 0833087878
Total Pages : 147 pages
Book Rating : 4.8/5 (33 download)
Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.
Author : Dominik Brodowski
Publisher : Springer
ISBN 13 : 3319059939
Total Pages : 352 pages
Book Rating : 4.3/5 (19 download)
Download or read book Regulating Corporate Criminal Liability written by Dominik Brodowski and published by Springer. This book was released on 2014-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Author : Great Britain. Courts
Publisher :
ISBN 13 :
Total Pages : 658 pages
Book Rating : 4.E/5 ( download)
Download or read book Cox's Reports of Cases in Criminal Law Argued and Determined in the Courts of England written by Great Britain. Courts and published by . This book was released on 1858 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Edward William Cox
Publisher :
ISBN 13 :
Total Pages : 734 pages
Book Rating : 4.R/5 (5 download)
Download or read book Reports of Cases in Criminal Law Argued and Determined in All the Courts in England and Ireland written by Edward William Cox and published by . This book was released on 1846 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (91 download)
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain. Law Commission
Publisher :
ISBN 13 : 9780117302464
Total Pages : 79 pages
Book Rating : 4.3/5 (24 download)
Download or read book Limited Partnerships Act 1907 written by Great Britain. Law Commission and published by . This book was released on 2001 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper forms part of the joint review of partnership law, undertaken at the request of the Minister of State at the Department of Trade and Industry. Part 2 gives a brief overview of the existing law; Part 3 discusses the formal requirements for establishing and operating a limited partnership; Part 4 examines the liability and role of the limited partner and the withdrawal of capital; Part 5 discusses the rights and obligations of partners; Part 6 lists consultation questions and provisional proposals of the joint Commission.
Author : James Gobert
Publisher : Taylor & Francis
ISBN 13 : 1136741518
Total Pages : 381 pages
Book Rating : 4.1/5 (367 download)
Download or read book European Developments in Corporate Criminal Liability written by James Gobert and published by Taylor & Francis. This book was released on 2011-06-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.
Author : Brandon P. Burton
Publisher : Nova Science Publishers
ISBN 13 : 9781631177248
Total Pages : 0 pages
Book Rating : 4.1/5 (772 download)
Download or read book Corporate Criminal Liability written by Brandon P. Burton and published by Nova Science Publishers. This book was released on 2014-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A corporation is criminally liable for the federal crimes its employees or agents commit in its interest. Corporate officers, employees, and agents are individually liable for the crimes they commit, for the crimes they conspire to commit, for the foreseeable crimes their co-conspirators commit, for the crimes whose commission they aid and abet, and for the crimes whose perpetrators they assist after the fact. Individual criminal statutes, Justice Department policies, and the Sentencing Guidelines largely dictate the circumstances under which, and the extent to which, agents, employees, corporations, and similar unincorporated entities are prosecuted and punished. This book provides a brief overview of federal law in the area. The book also provides a brief discussion of the legislation, the legal background, and a chronology of related issues and events.
Author : Lachezar D. Yanev
Publisher : BRILL
ISBN 13 : 9004357505
Total Pages : 654 pages
Book Rating : 4.0/5 (43 download)
Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar D. Yanev and published by BRILL. This book was released on 2018-05-09 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.
