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The Impact of Preventive Measures on Corporate Criminal Responsibility
| Author : | Hervé LEHMAN | ref : | 52007713-728 | | Type : | Article | N° : | 5 of 2007 | | Price : | 36 € | Pages : | 713-728 |
| Description : |  |
Of the over 10,700 criminal laws of the French legal system, approximately 10,000 focus on businesses and their responsibilities. These laws cover activities that range from economic, environmental, financial, management and employment law to crimes related to specific branches of activity. Some of these crimes are now being punished severely: heavy fines and financial penalties, exclusion from procurement contacts, and/or personal sanctions against management. Also, businesses are increasingly subject to sanctions by public opinion, the consumers, and the financial markets. The developing field of International criminal justice is eroding national boundaries and augmenting the businesses’ risk of prosecution for offences such as corruption of foreign public officials. The establishment of a European judiciary and the extradition of nationals on the basis of a European arrest warrant further shrink boundaries and increase the risks of prosecution. The criminal risk for businesses used to be only marginal; today it has become a significant risk which can ruin a business, as the disappearance of the company Arthur Andersen illustrates. Faced with these multiple risks and a proliferation of rules, businesses developed protective measures to prevent or manage criminal risk: Ethics Charts, Ethics Alerts, Integrity Programs, and Delegation of Powers. The purpose of that paper is to assess the efficiency of such measures. |
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