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4 Wash. U. Global Stud. L. Rev. 547 (2005)
Models of Corporate Criminal Liability in Comparative Law

handle is hein.journals/wasglo4 and id is 555 raw text is: MODELS OF CORPORATE CRIMINAL LIABILITY IN COMPARATIVE LAW CRISTINA DE MAGLIE* TABLE OF CONTENTS IN TRODU CTION ........................................................................................ 547 I. DEFINING THE M AIN M ODELS ............................................................. 549 II. ORGANIZATIONS SUBJECT TO CRIMINAL LAW CONTROL .................. 550 III. TYPOLOGY OF O FFENSES .................................................................. 551 IV. CRITERIA OF ASCRIPTION OF THE ACTUSREUS ................................. 553 V. THE PROBLEM OF ORGANIZATIONAL CULPABILITY .......................... 555 VI. MODELS OF NON-CORPORATE CRIMINAL LIABILITY ....................... 560 VII. CORPORATE CRIMINAL LIABILITY AND GOALS OF PUNISHMENT ... 563 C ON CLU SIO N ........................................................................................ 565 INTRODUCTION In modem legal systems, complex provisions regulate the structure of corporations, defining the nature and role of governing bodies, the organizational structure and modes of functioning, and the powers and obligations of those who take part in corporate operations. Depending upon the size and nature of the corporation, its structure may be complicated, multi-layered, centralized or decentralized, and organized somewhat hierarchically. There may be different models of organization and different chains of command or control. The complexity of the corporate structure raises difficult issues over the allocation of responsibility for the consequences of unlawful behavior by individuals acting on the corporation's behalf. This is particularly true when the corporation and its shareholders materially benefit from the criminal conduct. In the criminal law context, all modem systems share the basic assumption that criminal responsibility should be placed on the individuals who commit a crime in the corporation's interest. To what extent, and in what ways, should the corporation as a legal entity also be held legally responsible for criminal acts committed to further corporate objectives? * Professor of Criminal Law, University of Pavia (Italy) and Fellow of the Institute for Legal Research, University of California, Berkeley.

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