Corporate criminal liability under European Union law

Thesis

This thesis advances a solution to corporate crime in the European Union (EU). It is specially designed to fit in the current framework of EU criminal law, and to be accepted by the Member States, which have sometimes appeared reluctant towards new developments in this field of law.

Following an assessment of various national and international doctrines of corporate criminal responsibility, and a critical analysis of the current situation of corporate liability in EU criminal law, the thesis proposes a general framework for specific corporate offences to be adopted at EU level. However, the main objective here is not to advance a defined, specific corporate offence to be enacted by EU law – a quite unrealistic goal – but rather to develop the common elements and concepts to be used every time a specific corporate offence is intended to be introduced in different fields of criminal law, at EU level.

This common conceptual framework for specific corporate offences contains the general features of such offences. The actus reus is a failure to prevent subordinate individuals from committing an offence. With regard to the mens rea, the model is one of strict liability, supplemented by a due diligence defence.

This model is very flexible and can accommodate even stigmatic offences. It respects due process requirements and the principles of criminal law but, at the same time, it is an efficient instrument in the fight against corporate crime, focusing not only on deterrence and retribution, but also on compliance and prevention.

Therefore, this solution pursues, as an ultimate goal, one of the objectives of the EU, namely the promotion of social justice and protection through the rule of law. However, the model also has an intermediate objective: to be an efficient tool for the EU in its efforts to address corporate crime.

Authors: Raduletu, S

• DOI: 10.5287/ora-wrkpy6ddk
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: strict liability; rule of law; corporate omission; corporate law; EU criminal law; specific corporate offence; due diligence defence; corporate mens rea; corporate criminal liability; criminal law
• Subjects: Corporate culture; Corporate veil; Criminal liability; European Union; Criminal liability of juristic persons; Omission, Criminal