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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

Lafarge cement case holcim

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