Companies, UK Companies, and Criminal Liabilities: The UK Corporate Manslaughter

Salvatore Esposito De Falco ()
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Salvatore Esposito De Falco: Sapienza University of Rome

Chapter Chapter 14 in Corporate Governance, 2024, pp 445-459 from Springer

Abstract: Abstract This chapter examines the concept of corporate criminal liability in the UK, focusing on the development and application of corporate manslaughter laws. The chapter contrasts the UK approach with the Italian system, which has broader implications for corporate liability under the controversial category of “presumed crimes”. The chapter begins with an analysis of the separate legal personality of companies, highlighting key cases such as Salomon v Salomon & Co Ltd, which established the principle that a company is a separate legal entity from its shareholders. It also discusses the circumstances in which courts may pierce the “corporate veil” to hold individuals within a corporation accountable, such as in cases of fraud or agency. In addition, the chapter explores the complexities of attributing mens rea (criminal intent) to a corporate entity, examining the “directing mind” principle and vicarious liability. The chapter concludes by emphasizing the importance of robust legal frameworks and clear legal guidelines to ensure that corporations can be held accountable for criminal activities, thereby enhancing corporate responsibility and protecting the public good.

Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-74089-3_14

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DOI: 10.1007/978-3-031-74089-3_14

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