A critical review of anti-corruption policies as applied by companies

Abstract

In this dissertation, the author will analyse the legal mechanisms available for companies in Malta to adopt and implement an effective anti-corruption policy. The author will first delve into the notion of corporate criminal liability to determine the relationship between the crime of corruption and companies. Since the concept of corporate criminal liability tends to be difficult to apply, the author shall also go into the distinguishing factors between corporate criminal liability and vicarious liability which is the approach followed by the Maltese courts. The main focus of this research will revolve around what the creation of policies entails along with the different mechanisms, guidelines and international instruments aimed at the establishment of effective internal controls for the prevention of corporate corruption. This will be followed by an analysis on the link between policies and corporate governance to determine the most effective implementation of such anticorruption policies. Furthermore, the author will analyse how corporate governance along with due diligence can be used as a defence. This study will ultimately conclude whether anti-corruption policies applied by companies in Malta are in actual fact enough to deter corruption and what can be done for these policies to remain functional.