Do we have corporate criminal liability in is invoked when other, traditional bases
the Philippines? of criminal jurisdiction are not available,
for example: the defendant is not a What is the nature of a corporation? What national of the State, the defendant did is the legal personality of a corporation? not commit a crime in that State’s Juridical entity. Created by fiction of law. A territory or against its nationals, or the corporation, is in a sense, intangible. State’s own national interests are not adversely affected. It can acquire property, sue in its own name, its existence is separate and distinct, What is the requirement? engage in activities, enter into contracts Extraterritorial jurisdiction vs universal Are corporations obligated to do something jurisdiction. In the first, there still must be in order for it to continue operations? effective link. In universal jurisdiction, no Comply with laws. need.
In our jurisdiction, only natural persons can Crimes against Humanity Law be indicted and convicted. But in tax evasion, there is corporate criminal liability. RA 9851
Purpose of criminal liability is punishment Not practical because of forum non
and retribution conveniens
Lord Chancellor: UJ is applied to corporate criminal liability
also Purpose of penal provisions: 1. Deterrence Societas delinquere non potest a legal 2. Retribution or punishment entity cannot be blameworthy 3. Rehabilitation 4. Restorative Why would you still go after a corporation 5. Public order criminally? 6. Justice Under English Law, the corporations enjoy What is universal jurisdiction? The the protection of the crown. term “universal jurisdiction” refers to the idea that a national court may prosecute Church courts individuals for serious crimes against international law — such as crimes Vicarious liability principle of respondeat against humanity, war crimes, genocide, superior in US and South African and torture — based on the principle that New York Hudson case agent acting within such crimes harm the international scope and for the benefit community or international order itself, which individual States may act to protect. Generally, universal jurisdiction Identification doctrine UK only those who comprise the directing mind
Modified model where the duty of
supervision of an agent is material in the imputed criminal act; implemented by most continental European countries
Organizational blameworthiness model
There are three requisites The legislature intended to be applied vicariously Agent must have committed relevant act in the scope of employment Shown that the servant had the state of mind