Corporate criminal liability in South Africa
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Date
2019
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
Criminal law defines certain standards of human behaviour as crimes, which is inherently linked to culpability and requires proof of an accused's mental state and is enforced through a system of state punishment. As a general rule, only human beings can perform an act, with the exception of a corporate body that can engage in conduct and be liable for a crime in certain circumstances. A corporation is a juristic person and the bearer of rights and duties similar to natural persons, however it lacks morality and a mind. Corporations have a separate legal persona to those who comprise it, however it acts and thinks through its members and this creates certain problems in attributing blame.
Description
Magister Legum - LLM
Keywords
Criminal law, Criminal liability, South Africa, Corporate liability