The effect-oriented approach in criminal proceedings against corporations
Author(s)
Date Issued
2018
Type
article
Volume
89
Issue
1
Start Page
147
End Page
158
Abstract
One of the main issues about prosecuting corporations is the risk of detrimental collateral effects. In order to avoid such negative social and economic consequences, enforcement authorities are encouraged to reach an agreement with the company (or in any case not to apply the expected interdictory sanctions), whenever this corresponds to the ‘public interest’. This ’effect-oriented approach‘ is becoming widely employed in both practices and legislation of different systems, such as in the US, UK, France and Italy. However, this approach raises some criticism, especially with reference to the principle of equality of all persons before the law. It also seems to put a strain on the principle of the separation of powers. This criticism might be mitigated by both enhancing the concept of ‘public interest’ and better defining the role of the different penal authorities (the legislator, the prosecutor and the judge) charged with balancing the different interests at stake.
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M.Galli_Effect-oriented approach_RIDP_2018.pdf
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Format
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