The disease of corporate corruption : a criminological analysis

Abstract

Corruption in itself is by no means a new phenomenon, as it has been present throughout the earliest days of human existence. Presently, we have seen the rise of a new categorization of corruption, which is committed by entities and corporate actors. With the ever-developing economic globalisation, we are nowadays seeing the interdependence of global economics due to cross-border trade and flow of international capital. With this said, crime and unethical behaviour has evolved alongside this development and is continuously hindering economic markets worldwide. These unethical and illegal business practices are detrimentally affecting several parties which consist of the employees, customers, shareholders, investors, and on a larger scale, the country itself. This study explored what constitutes corporate corruption and its detrimental effects on the stipulated parties. It also examined the offender’s mens rea by looking through the theoretical lens of the Rational Choice Approach. Furthermore, it examined the shortcomings of the Maltese jurisdiction and the Maltese mentality towards corruption. The findings highlight the shortcomings of the Maltese jurisdiction, along with the impact which a given culture, governance and regulations have on the mens rea of potential perpetrators. The study presents a factual and verifiable standpoint for which remedial action can be taken from.