What is corporate criminal liability?
Posted by Al Rowaad Advocates & Legal Consultants on March 15th, 2021
Globalization has turned into a buzzword to sheath a portion of our bewilderment and apprehension as we move into a new millennium where everything is changing at a petrifying rate. As a result of these myriad changes, it raises a question on the rule of law in which corporate policies interact with the government, environment, and society. Particularly, several states have tried to determine how corporations can be held responsible for wrongful conduct. Whereas, the major issue regarding corporate criminal liability is creating a cognizant connection between the corpus of criminal laws and the harsh realities of corporate entities which is a mixed bag of individuals and corporate hierarchies and structure. Companies can just ever act through individuals, yet the activities of employees or specialists dependably happen inside the framework of these corporate structures and policies.
Legislation Governing Corporate Criminal Liability
Pertinently, for each criminal action, the entity may be punished under one or more legislation, and that penalty for such action is without prejudice to the much greater penalty available under other laws.
The traditional approach under Penal Code for corporate criminal liability can be located under Article 65 of the Penal Code which states that Corporations, except government agencies, will be held responsible for any criminal act committed from their account or by their director or agent. The penalty for such action would be imprisonment or a fine of maximum AED 50,000. The provisions explicitly impose a financial penalty of the corporate offender and simultaneously penalizes the individual by way of imprisonment.
Upon a criminal complaint, the police and the public prosecutor will initiate the criminal investigation to collect evidence and witness for determining whether or not the issue constitute a criminal action. The Criminal Procedure Law under Article 7 exclusively authorizes the Public Prosecutor to initiate criminal proceedings any individual or corporate entity unless otherwise specified.
About the AuthorAl Rowaad Advocates & Legal Consultants
Joined: February 3rd, 2021
Articles Posted: 5
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