NCJ Number
65099
Journal
AUSTRALIAN DIRECTOR Volume: 8 Issue: 2 Dated: (APRIL 1978) Pages: 33-35,37-38,41,43,45
Date Published
1978
Length
8 pages
Annotation
THE NATURE OF CORPORATION GUILT UNDER AUSTRALIAN CRIMINAL LAW AND EXISTING AND PROPOSED SENTENCING ALTERNATIVES FOR CORPORATIONS ARE CRITIQUED.
Abstract
A CORPORATION, IN ITS OFFENDING, PARALLELS OFFENSES OF INDIVIDUALS. THE MIND OF THE CORPORATION (DIRECTORS, MANAGERS, ETC.) DEVISES CRIMINAL DEEDS THAT ARE ENACTED THROUGH THE BODY (USUALLY CORPORATION EMPLOYEES ACTING UNDER DIRECTIONS). UNDER THIS PARALLEL, CORPORATIONS CAN BE FOUND GUILTY OF CRIMINAL OFFENSES. IN AUSTRALIA, WHERE FELONIES OR SERIOUS MISDEMEANORS ARE ALLEGED TO HAVE BEEN COMMITTED BY CORPORATIONS ACTING BY THEIR DIRECTORS CHARGED WITH THE OFFENSE, AND, IF CONVICTED, CAN BE IMPRISONED. WHERE PARTICULAR PERSONS CANNOT BE IDENTIFIED AS RESPONSIBLE FOR CORPORATE OFFENSES, THE CORPORATION IS GENERALLY FINED. FINES ARE UNSATISFACTORY, HOWEVER, BECAUSE THEY MAY BE MINISCULE COMPARED TO THE PROFIT THE CORPORATION GAINED FROM THE OFFENSE (IN MANY CASES, IT IS IMPOSSIBLE TO DETERMINE THE PROFIT GAINED FROM AN OFFENSE) AND FINES ARE OFTEN PASSED ON TO CONSUMERS OR THE LOSS IS SUFFERED BY INNOCENT STOCKHOLDERS. OTHERS SENTENCING ALTERNATIVES PROPOSED FOR CORPORATIONS ARE PREVENTIVE ORDERS WHICH WOULD PREVENT A CONVICTED COMPANY FROM ENGAGING IN ACTIVITIES RELATED TO THE OFFENSE; COMPENSATION, WHICH WOULD BE PAID TO VICTIMS OF ANY CORPORATION OFFENSE ACCORDING TO THE DAMAGE SUFFERED; COMMUNITY SERVICE ORDERS, WHICH WOULD REQUIRE A COMPANY TO PERFORM SOME COMMUNITY SERVICE WITHOUT CHARGE; AND ADVERSE PUBLICITY, WHOSE NATURE WOULD BE INSTRUCTED BY THE COURT, SO AS TO WARN THE PUBLIC AND DETER POTENTIAL OFFENDERS. REFERENCES ARE PROVIDED. (RCB)