CORPORATE HOMICIDE ACT

Corporate Manslaughter and Corporate Homicide Act 2007



Corporate Manslaughter and Corporate Homicide Act 2007

Introduction

Corporate manslaughter law is evident before, and as of the present times coming from such law reformation as presented in the year 2007, most current accounts are shown. Defining and knowing corporate manslaughter as well as such aspects and processes of certain law pertaining to it. To assume considerations why such corporate manslaughter law reform will be necessary also, need to recognize and understand the law reforms in terms of the outline, to be presented in the discussion section of this paper. In addition, to be able to place an effective conclusion of the inevitable law reform focusing corporate manslaughter with reflections on corporate homicide act of the year 2007. Wells (2001, p. 1), have indicated that “criminal law has evolved around the central theme of individual liability and takes an individualistic approach to any crime elements”. Thus, a company could not be convicted for any criminal offence, as there could be no vicarious criminal responsibility engaging one person as not to be deemed guilty of corporate manslaughter offence as committed although, statutory exceptions to the vicarious responsibility principle led also to statutory exceptions to the principle against the criminal responsibility of corporations wherein corporation had failed to carry out statutory duty creating public law reform. Hereafter, it is now clear from studies of corporate criminality that unacceptable behavior may outcome from the failures of the company as an corporation. However, the desire in reform efforts of the assumption does require that the company have defense of due diligence even though fault can be identified with the company, the controlling of employee acts for the benefit of the company. Today, there have been accepted that the company can be found guilty of homicide if an appropriate penalty is available, there remains whether the company should be liable for conviction for unlawful homicide, although it is now legally possible to prosecute corporate employers for manslaughter, as not being taken.

Discussion

As the inadequacy of existing law, there is a problem from the identification theory and practical application of the following industrial deaths. These beliefs and the failure of non-prosecution in the academic literature has been widely discussed, and repeatedly called for the formation of corporate manslaughter on the basis of legal reform. No obligation to take care of any negligence on behalf of a company's gross manslaughter (GDP) and personal command of this prosecution of corporate manslaughter company closed down the mind (Wells, 2005, 648). For one, the legislation aims to ensure that, “companies and other organisations are held properly to account for gross failings by their senior management, which have fatal consequences”, providing in new tests of corporate liability for manslaughter like the focuses on management failure into the senior level within the company organisation. The Corporate Manslaughter and Corporate Homicide Act 2007 extends across the UK as a whole, and most of it came into operation in April 2008, when the new offence commenced for all but ...