Corporate criminal responsibility under the Malabo Protocol: A step forward?
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Date
2018
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
Traditionally, domestic criminal law was focused on individual guilt as can be seen from the
principles of punishment, which are closely linked to blameworthiness and the infliction of
loss or punishment to the offender. It most often requires the proof of the offender's
mental state at the time of the committing the offence.
Due to the emergence of the concept of legal persona, there has emerged a framework of
imputing criminal liability on entities with legal personality. This concept has gained
momentum in the domestic criminal law systems of many countries. The modern-day
development of corporate criminal responsibility (CCR) emerged from the common law
countries and has undergone a series of developments. Various models of imputing liability
on a corporation have been developed with the United Kingdom having recently passed
laws for serious offences like corporate manslaughter.
Description
Magister Legum - LLM (Criminal Justice and Procedure)
Keywords
Africa, African Court, Corporate liability, Corporate policy, Corporate Criminal responsibility, Criminal responsibility, Domestic criminal law, International criminal law, Malabo Protocol, Statute of the African Court