CORPORATE CRIMINAL LIABILITY IN THE INFORMATION AGE; ISSUES AND CHALLENGES

Abstract

46
Nnamdi Azikiwe University Journal of Private and Property Law
CORPORATE CRIMINAL LIABILITY IN THE INFORMATION AGE;
ISSUES AND CHALLENGES
Abstract
Crime commission has become part of human existence and over the years it has taken different
forms and dimensions. In the industrial era crimes commission was not limited to natural
beings but juristic beings as well. The law however, is there to mitigate on the commission of
crimes as same is considered to be polluting public morals. Hence, criminal wrong is tagged
crime against the society or state, which is prosecuted by the state to serve as deterrent on
others. It is on this background that this paper examines this emerging aspect of criminal
jurisprudence in the information age, looking at the issues and challenges associated with it.
The paper aimed at identifying the issues and challenges that militate on effective fight against
corporate criminals. This paper through doctrinal method of conducting research discovered
that the major challenge associated with corporate criminal liability is who the law should hold
responsible for corporate crimes since the company acts through its alter ego. It is therefore
recommended that the Courts should imbibe on judicial activism by shifting away from the
common law principle of proving actus reus and mens rea. The paper concludes that special
legislations on corporate crimes be enacted by nations to take care of corporate liabilities.