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The scope of liability for failure to prevent economic crime

Horder, Jeremy and Watts, Gabriele (2021) The scope of liability for failure to prevent economic crime. Criminal Law Review, 2021 (10). 851 - 865. ISSN 0111-135X

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There is a strong case for the introduction of a general offence of corporate failure to prevent economic crime. We consider the principles that should govern the scope of such an offence. We argue that existing criteria for the application of failure-to-prevent offences respecting the criminal conduct of employees, agents and subsidiary companies are unsatisfactory. Our main concern is the parent-subsidiary company relationship. However, we develop a new focus, more generally, for understanding the connection that must be established between a company, and person who committed the crime. This is a focus on the nature and extent of any supervisory duty that existed on the (parent) company to establish and oversee the observance of appropriate standards relating to the course of the conduct that gave rise to the offence. We call this the "supervisory principle".

Item Type: Article
Official URL:
Additional Information: © 2021 Thomson Reuters
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 02 Feb 2022 10:06
Last Modified: 22 Feb 2022 00:09

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