Corporate Criminal Liability for Victims of Corporate Crime

Abstract

Corporate crime has actually been a concern in the development of criminal law for a long time. This can be seen by the emergence of various theories of corporate criminal liability that were born in order to stop or punish corporations that commit crimes/criminal acts, such as the identification doctrine and aggregation doctrine which were born far in the early 20th century. Talking about corporations, it cannot be separated from a civil point of view, because at first civil law is related to corporate issues as a subject of law. In civil law, the word person means the bearer of rights or legal subjects (subjectum juris). Regarding non-criminal offenses committed by a company/corporation, so that it is charged with criminal liability, is a new development. And what has long been theories imposes civil liability on these legal entities or on their members. Therefore, until now, there are pros and cons among experts against the criminalization of legal entities.