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Corporate Agents in Criminal Law – An Argument for Comprehensive Identification

Dsouza, M; (2019) Corporate Agents in Criminal Law – An Argument for Comprehensive Identification. (UCL Working Paper Series 6/2019). UCL Faculty of Laws: London, UK. Green open access

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Abstract

The doctrine of identification is often used to explain how corporations can commit criminal offences in their own right. Courts identify the natural persons who can be said to personify the corporation, and attribute their conduct and mental states to the corporation. However, current versions of the doctrine of identification suffer from several well-documented shortcomings. In this paper, I consider whether these shortcomings can be remedied by reformulating the identification doctrine to treat all corporate officers and employees as embodying the corporation when acting within their real or ostensible corporate authority.

Type: Working / discussion paper
Title: Corporate Agents in Criminal Law – An Argument for Comprehensive Identification
Open access status: An open access version is available from UCL Discovery
Publisher version: https://doi.org/10.2139/ssrn.3446666
Language: English
Keywords: criminal law, criminal law theory, corporate criminal liability
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10082690
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