Criminal Liability and Global Compliance

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Criminal Justice Issues".

Deadline for manuscript submissions: 15 August 2024 | Viewed by 8633

Special Issue Editor


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Guest Editor
1. Faculty of Law, Alexandria University, Alexandria 21526, Egypt
2. Cornell Law School, Cornell University, Ithaca, NY 14853-4901, USA
3. Faculty of Law, Monash University, Melbourne, VIC 3000, Australia
Interests: criminal law; white collar crimes; human rights law; Islamic law; comparative Middle Eastern law; transitional justice
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Special Issue Information

Dear Colleagues:

Ethical norms, and the institutions underwriting and giving force to them, can widen horizons and choices, enabling individuals to do more things than would have been possible in their absence. Trust and certainty in the integrity of market exchanges and interpersonal dealings are important social lubricants. In this respect, ethics might be thought of as a pure “public good.” The corollary of this new thinking about ethics is that corruption is corrosive, not only because it enables some in society to secure an unfair advantage over others; those engaging in corruption are harming us all by eroding norms and institutions that benefit us all. Declining morality in public life can set in train a cycle of decline. Insisting upon the maintenance of high standards in all facets of life—private and public—rightfully becomes a cornerstone of good governance.

In addition, corporate liability can be established and sanctioned at various levels—criminal, quasi-criminal (administrative) and civil—and be associated or derive from the liability of individuals who have acted in the name or on behalf of the company. Likewise, corporate liability can be established as an independent law violation or even as a crime, regardless of the commission of a separate crime by the individual. In addition, corporate liability is a growing threat to the reputation, profit and business image of global corporations. The adoption of adequate measures to prevent corporate liability has progressively become a legal and ethical duty, similar to corporate social responsibility, which corporations are expected to assume for the benefit of their stakeholders, customers and employees.

Prof. Dr. Mohamed A. 'Arafa
Guest Editor

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Keywords

  • corruption
  • corporate law
  • civil Law
  • punishments

Published Papers (3 papers)

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Research

16 pages, 326 KiB  
Article
When Criminals Abuse the Blockchain: Establishing Personal Jurisdiction in a Decentralised Environment
by Casey Watters
Laws 2023, 12(2), 33; https://doi.org/10.3390/laws12020033 - 15 Apr 2023
Cited by 7 | Viewed by 4211
Abstract
In August of 2022, the United States Department of Treasury sanctioned the virtual currency mixer Tornado Cash, an open-source and fully decentralised piece of software running on the Ethereum blockchain, subsequently leading to the arrest of one of its developers in the Netherlands. [...] Read more.
In August of 2022, the United States Department of Treasury sanctioned the virtual currency mixer Tornado Cash, an open-source and fully decentralised piece of software running on the Ethereum blockchain, subsequently leading to the arrest of one of its developers in the Netherlands. Not only was this the first time the Office of Foreign Assets Control (OFAC) extended its authority to sanction a foreign ‘person’ to software, but the decentralised nature of the software and global usage highlight the challenge of establishing jurisdiction over decentralised software and its global user base. The government claims jurisdiction over citizens, residents, and any assets that pass through the country’s territory. As a global financial center with most large tech companies, this often facilitates the establishment of jurisdiction over global conduct that passes through US servers. However, decentralised programs on blockchains with nodes located around the world challenge this traditional approach as either nearly all countries can claim jurisdiction over users, subjecting users to criminal laws in countries with which they have no true interaction, or they limit jurisdiction, thereby risking abuse by bad actors. This article takes a comparative approach to examine the challenges to establishing criminal jurisdiction on cryptocurrency-related crimes. Full article
(This article belongs to the Special Issue Criminal Liability and Global Compliance)
11 pages, 217 KiB  
Article
Corporate Criminal Liability: An Overview of the Croatian Model after 20 Years of Practice
by Igor Vuletic
Laws 2023, 12(2), 27; https://doi.org/10.3390/laws12020027 - 10 Mar 2023
Cited by 1 | Viewed by 1642
Abstract
The Croatian legislators introduced the concept of criminal liability for legal entities already in 2003 with the adoption of the Law on Criminal Liability of Legal Entities. Influenced by the writing of esteemed domestic scholars, and inspired by French law, the legislators opted [...] Read more.
The Croatian legislators introduced the concept of criminal liability for legal entities already in 2003 with the adoption of the Law on Criminal Liability of Legal Entities. Influenced by the writing of esteemed domestic scholars, and inspired by French law, the legislators opted for a system linking the liability of corporations to the liability of the responsible person. There were very few cases in practice during the first years of its application, and the situation changed after the first prominent indictment of this type against the ruling political party for economic crimes. Since then, the legislation has been amended several times and a significant body of jurisprudence has developed. In the first part of this paper, I will describe the chronology of the development and formation of the Croatian legislative model of corporate criminal liability. The second part will analyze 31 available final court judgments, which will be the basis for the conclusion about the issues in the practical application of the legislative model and, more generally, the phenomenon of criminal offenses committed by legal entities in Croatia. Based on this analysis, I will indicate the potential deficiencies of such a concept. In the context of future development, special attention will be given to the problem of economic crimes committed by AI corporate systems. Full article
(This article belongs to the Special Issue Criminal Liability and Global Compliance)
15 pages, 342 KiB  
Article
Criminal Compliance Program as a Tool for Criminal Liability Exculpation of Legal Persons in the Czech Republic
by Pavel Kotlán, Miroslav Ondrúš, Alena Kozlová, Igor Kotlán, Pavel Petr and Radim Kalabis
Laws 2023, 12(2), 20; https://doi.org/10.3390/laws12020020 - 23 Feb 2023
Cited by 2 | Viewed by 2226
Abstract
Criminal liability of legal entities has gained an inalienable place in the system of legal liability in most European jurisdictions, including the Czech Republic. Departing from the premise that it is a suitable supplement to the liability of a legal entity in the [...] Read more.
Criminal liability of legal entities has gained an inalienable place in the system of legal liability in most European jurisdictions, including the Czech Republic. Departing from the premise that it is a suitable supplement to the liability of a legal entity in the event of serious unlawful acts of natural persons from which the legal entity benefits, this article aims to characterize the position and role of this form of liability in the Czech legal system. Essentially, however, it seeks to determine under which circumstances it is possible for legal entities to be relieved of liability using an exculpatory clause. Based on a case study of the Czech Republic, it illustrates the added value of criminal compliance programs, which, if properly set up and implemented in practice and complemented by prevention, detection and response measures, play a decisive role in establishing such criminal exculpation. The article further finds that rules pertaining to ethical codes of conduct are in fact ‘elevated’ to the level of legal rules through compliance programs. Compliance, one of the components of Corporate Social Responsibility, thus becomes an expression of a legal obligation, i.e., the obligation to properly manage and control the corporation, which has important legal implications. Full article
(This article belongs to the Special Issue Criminal Liability and Global Compliance)
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