Punished corporations: how, why and for what? About criminal liability of legal persons.

Abstract

Abstract. Corporations – understood as economic microactors – can be object of punishment as a result of economic crimes. This article deals with the issue of joint liability of “corporate” crimes, taking into account three basic issues, to wit: a) whether corporations as entities must take responsibility for these crimes; b) if yes, for what things they must take responsibility, and c) in what capacity they would take responsibility. The body of the article revolves around these three thematic focuses. The first issue takes into account the septennial existence in Italy of a positive discipline of direct joint liability of entities for the crimes of their representatives; it is approached from the Italian law, though not exclusively. The second one, crucial crux of the dogma about imputation itself – for what things entities take responsibility – focuses on the analysis of the model in comparative law. The third one focuses on liability, guilt and imputability of legal entities and their representatives.