The corporate criminal : evaluation of the developments of the concept of criminal corporate liability in light of recent jurisprudence

Abstract

The main objective of this Term Paper is to analyse the manner in which the concept of corporate criminal liability has developed in recent times. This term paper is split up into four separate sections. The first section provides an overview of the historical development of the concept of corporate criminal liability explaining the progress made in various common law and civil law jurisdictions. The second section of this Term Paper goes into the theoretical concepts of corporate criminal liability including the vicarious liability theory, the identification doctrine and the aggregation theory. Section three deals with the corporate mens rea, i.e. how a corporation can be held liable for performing an act with a particular state of mind. The final section discusses how the concept of corporate criminal liability has developed in Malta. The Criminal Code and the Interpretation Act are often referred to in the Section.