Corporate Crime and the Criminal Liability of Corporate Entities in South Africa (From UNAFEI Resource Material Series No. 76, P 84-93, 2008, Grace Lord, ed. See NCJ-229030)

• NCJ Number: 229036
• Author(s): Sadhana Singh
• Date Published: December 2008
• Length: 10 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Japan

Annotation

This paper reviews South Africa's legislation, investigation, prosecution, and adjudication of corporate crime, as well as related international cooperation.

Abstract

Because corporate crime can cause business failures and undermine economies, South Africa's National Prosecuting Authority Act of 1998 provides that all serious economic offenses must be investigated. This has in turn led to the creation of Specialized Commercial Court Centers in South Africa. The most important characteristic of these courts is their capacity to attract and use persons with appropriate expertise in the prosecution and adjudication of cases that require specialized knowledge for the efficient processing of cases that involve corporate crime. Section 332 of South Africa's Criminal Procedure Act 51 of 1977 provides for the prosecution of corporations and members of associations. Criminal, civil, and administrative sanctions are regulated and administered within the parameters of criminal law. There are detailed legislative, regulatory, and procedural frameworks that dictate police action, and every specialized unit has a legal mandate and legal framework within which to operate. This paper reviews the various kinds of criminal liability that can be incurred by corporations in South Africa. Closely linked to South Africa's commitment to countering corporate crime is its focus on addressing organized crime and associated money laundering. A comprehensive legal structure has been developed to combat money laundering. An overview of issues in the investigation of corporate crime focuses on specialized investigative authorities and the training of investigators, cooperation among investigative authorities at the State level, the acquisition of information on corporate crime, and evidence collection methods. Issues in the prosecution, trial, and adjudication of corporate crime cases are discussed as well, including sentencing. The paper concludes with a discussion of the importance and features of international cooperation in countering organized crime. A listing of 24 resources