Partner Peter Binning has written for Corporate Livewire on corporate criminal liability, discussing the Law Commission wrestling with the subject of how to prosecute companies for crimes involving proof of specific intent.
“Just as the Bribery Act was born of the 1998 Law Commission report on Legislating the Criminal Code: Corruption and the 2008 Consultation Paper: Reforming Bribery, so proposals for reform of the law on corporate criminal liability in recent years stem from the 2010 Law Commission Consultation Paper on Criminal Liability in Regulatory Contexts and a string of Parliamentary Committee reports and inquiries into aspects of economic crime. The immediate precursor to the present Law Commission Discussion Paper was the 2017 Ministry of Justice Call for Evidence on the reform of corporate criminal liability for economic crime which was open for a very long time and seems to have yielded very little in the way of persuasive evidence justifying reform,” he writes.
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