Corporate Crime

During the 19th century, the new requirements of criminal policies generated by the Industrial Revolution and the legal and evidentiary questions posed by an unprecedented organizational complexity of corporations broke in the courtroom, as is emblematically shown by the "encounter" between railway companies and criminal courts. Herein lies the modern split between the two legal systems of common law and civil law with regard to corporate criminal liability. Originally, the dispute concerned whether the natural person or the legal person should be made accountable for regulatory offences committed in corporate operations. The different approaches taken by the English, Italian, and French courts in the 19th century revolved around the two opposing paradigms of liability of the "head of the company" and liability of the company as a whole. This clear dichotomy marked the evolution of the two legal systems throughout the following century and only recently has it been overcome. However, in the eternal dialectic between individualism and collectivism in criminal law, the "chance" factor, and not only the "necessity" factor, also played a role.

Nel corso dell'Ottocento le nuove esigenze politico-criminali generate dalla Rivoluzione industriale e le questioni dogmatiche e probatorie poste dall'inedita complessità organizzativa della corporation irruppero nelle aule giudiziarie, come emblematicamente dimostrato dall'"incontro" tra società ferroviaria e giudice penale. Qui si colloca la moderna scissione tra le due famiglie giuridiche di common law e di civil law in merito alla punibilità delle persone giuridiche. In origine, la disputa riguardò quale soggetto dovesse essere chiamato a rispondere delle contravvenzioni commesse nell'esercizio dell'impresa. Le diverse soluzioni adottate dalle corti inglesi, italiane e francesi nel XIX secolo ruotarono attorno ai due opposti paradigmi della responsabilità del "capo dell'impresa" e della responsabilità della societas nel suo insieme. Tale rigida dicotomia ha segnato la storia delle due famiglie giuridiche per tutto il secolo successivo ed è stata superata solo di recente. Ad ogni modo, nell'eterna dialettica tra individualismo e collettivismo nel diritto penale, anche il fattore "caso", non solo la "necessità", ha giocato la sua parte.

Title Two-tier society; two-tier crime; two tier justice. Author(s) McCullagh, Ciaran Editor(s) Kilcommins, Shane Kilkelly, Ursula Publication date 2010-11 Original citation McCullagh, C. (2010) 'Two-tier society; two-tier crime; two tier justice', in: Kilcommins, S. Kilkelly, U. Regulatory crime in Ireland. Dublin: First Law/Lonsdale Law Publishing, pp. 143-163. ISBN: 978-1-90732503-8 Type of publication Book chapter Rights © Shane Kilcommins and Ursula Kilkelly, 2010 Item downloaded from http://hdl.handle.net/10468/2636

Il Master in Diritto Penale dell'Impresa (MiDPI), giunto alla sua sesta edizione, nasce su iniziativa della Facoltà di Giurisprudenza dell'Università Cattolica del Sacro Cuore e dell'Alta Scuola "Federico Stella" sulla Giustizia penale (ASGP).

Il MiDPI si caratterizza per un profilo di estrema innovatività, offrendo ai partecipanti un insegnamento di alto livello scientifico e di carattere interdisciplinare, rivolto all'analisi dei problemi teorici e pratici in materia di Diritto penale dell'economia.

Corporate social responsibility (CSR) usually occur when a company volunteers to contribute part of its profits and/or resources towards community development in a certain area or community where it normally conducts its business. CSR is also known as corporate citizenship. CSR is mainly enforced as a self-regulatory measure that enables a company to be socioeconomically accountable to itself, its stakeholders and the community at large. Companies that practice CSR are likely to have a positive impact on the environment and the socioeconomic development of their communities. Companies and other relevant stakeholders that practice CSR have the potential to uplift and develop their communities. The South African mining sector has the potential to develop the communities through CSR measures of mining companies. In this regard, it is imperative that mining companies utilise appropriate technology to effectively enforce their CSR measures. Therefore, the Helam Mine which is currently owned by Petra diamonds in Swartruggens community is discussed as a case study in this article. Helam Mine has so far failed to adopt and utilise CSR measures in the Swartruggens community. Consequently, the Swartruggens community is poorly developed and its people are still fighting for service delivery to date. Accordingly, the article explores the historical background of CSR as well as the role played by Helam Mine in the development of the Swartruggens community. Furthermore, the article analyses the possible CSR-related measures that could be adopted by Helam Mine to promote socioeconomic and environmental development in the Swartruggens community. It is submitted that Helam mine should seriously consider embracing and incorporating new technological approaches and CSR-related measures for the effective operation and management of its mining activities. In this regard, the available regulatory framework for CSR in South Africa is examined. Lastly, the article recommends that CSR should not be merely treated as an ethical obligation but it should also be regarded as a legal obligation so as to statutorily oblige all companies, especially mining companies to adopt, promote and enforce CSR-related measures in the communities where they conduct their businesses.

In diens recente overzichtsarrest blijft de Hoge Raad in weerwil van tegengeluiden vanuit de lagere rechtspraak en de literatuur vasthouden aan het opzetvereiste voor feitelijk leidinggeven. Daarmee wordt het deelnemingskarakter van deze aansprakelijkheidsfiguur nogmaals bevestigd. Die bevestiging is geheel terecht, maar het (waarschijnlijk onbedoelde neven)gevolg van de huidige benadering van dat opzetvereiste is wel dat de ondermaats presterende leidinggevende beter af is dan zijn normconform of bovenmaats presterende collega. Dit specifieke punt vergt nog redressering door de Hoge Raad en zou verholpen kunnen worden door een meer zorgplichtgerichte benadering van voorwaardelijk opzet.

Buku ini berupa modul pelatihan tentang kejahatan korporasi, di dalamnya ada 4 modul yang berisi : (1) tindak pidana korporasi (2) kesalahan korporasi (3) pertanggungjawaban pidana korporasi (4) pidana korporasi. Buku ini juga mengulas berbagai contoh kasus-kasus yang telah diputusan Oleh pengadilan tentang kejahatan korporasi...

Recent corruption scandals suggest that the legal structures developed to responsibilize corporations might paradoxically enable the systematization of corruption across entire industry sectors. This study uses grounded theory methodology to develop a preliminary theoretical model of the correlations between the law, responsibilization, and the causes of systemic corruption. Through a qualitative examination of documental evidence from the case study of the recent Australian banking scandal, this article conceptualizes a two-way process of ‘legal deresponsibilization’. On the one hand, legal dysfunctions fail to effectively support the situational and cultural goals of responsibilization. On the other hand, the pursuit of such goals transforms the law in ways that can lead to the deresponsibilization of both corporations and the state. The article suggests that structural reforms are needed to correct this process and the underlying systemic imbalances between the legal promotion of financial interests and that of countervailing values of integrity and accountability.

This chapter provides an overview and analysis of the perspective developed in a growing body of literature on state‐corporate crimes. The chapter takes as its starting point the mutually reinforcing relationship between state institutions and corporations. It begins by revisiting debates on state‐organized crime and state‐organized violence as a way of framing the debates that followed. The chapter then sets out the key tenets of the state‐corporate crime approach, before developing a critical reflection on the literature. Finally, the chapter will conclude by arguing that we need to see state‐corporate crime as a natural outcome of the process by which capital accumulation is more generally reproduced through government/regulatory structures.

An overview of the making of The Open University Film 'Grenfell Tower and Social Murder', which draws upon the testimonies of bereaved families and survivors.  The film was awarded the 'life changing award' at the British Film Documentary Festival in November 2018.  It was also awarded three further awards.


World Gold Medal at New York Festivals TV and Film Awards for The Open University Film ‘Grenfell Tower and Social Murder’ (2020)


Vcom Gold Clarion Award for best Education and Training film for The Open University Film ‘Grenfell Tower and Social Murder’ (2019)


EVcom Gold Clarion Award for best Social Welfare film for The Open University Film ‘Grenfell Tower and Social Murder’ (2019)

Schedule 17 of the Crime and Courts Act 2013 introduced Deferred Prosecution Agreements (DPAs) into the English legal system. On the 30th of November 2015 the Industrial and Commercial Bank of China Limited entered into the first-ever deferred prosecution agreement in the U.K. with the Serious Fraud Office. It represents a historic turning point for the English legal system as well as an innovation that has the potential to revolutionise the approach to corporate criminal liability traditionally adopted in the United Kingdom. This paper analyses the legislative provisions under Schedule 17 of the 2013 Act dealing with its most problematic aspects and drawing comparisons with the corresponding legal instruments developed in the U.S. It also investigates the reasons behind the DPA implementation in England and Wales focusing on the growing pressure that was exerted on the authorities to carry out successful investigations against corporations involved in criminal activities. Finally, the paper offers an analysis of the first-ever DPA concluded in the U.K. highlighting the most controversial legal issues arising from such an agreement. This can be considered a landmark decision not only because the SFO's first application for a DPA was approved by the judiciary, but also because it was the first time in which a legal entity was charged in England and Wales with the offence of "failure of commercial organisations to prevent bribery" as provided by section 7 of the Bribery Act 2010.

Are the current criteria for the crimi­nal liability of leading officials of corporations under Dutch criminal law still adequate in view of the present-day knowledge on the functioning of modern organisations? Modern corporations no longer reflect the classical image of the Weberian pyramid that lies at the heart of the scheme of hierarchical accountability: the fully rational organisation that is headed by an all-knowing and all-powerful leadership. It is however only this ideal type where the application of the criteria for imposing liability doesn’t encounter problems. Neither detecting – i.e. gathering and procuring information – nor effecting – i.e. bringing about change within an organisation – proves problematic. With Weber’s ideal type of the rational bureaucracy being no longer accurate, a new theoretical frame of reference is required. Criminological research has shown that organisational deviance can only be understood if insights from organisational theory are taken into account. So, only by opening the ‘black box’ that is the modern organisation can we understand how corporations operate, make the true constellations of power and involvement come to light, and pass a valid judgement on the individual criminal responsibility of managers. By using updated and refined versions of the configurations that were originally developed by Mintzberg, more, and more accurate models of organisations can be provided. By identifying several leading positions within these archetypes, the possibilities and restrictions that these managerial positions face when it comes to detecting criminal behaviour within their organisation and effecting measures against such behaviour, can be analysed. In order to be criminally liable, a manager must have a certain level of de facto control over the alleged criminal behaviour, at least somewhat knowledge thereof, and there needs to be a violation of the duty of care. Many cases even require dolus eventualis. Based upon the aforementioned analysis, an assessment can be made of the extent in which these possibilities and restrictions affect the ability of each of these managerial positions to control the behaviour of others. Secondly, it can be determined how this influences the nature of knowledge that can be expected of them when it comes to criminal behaviour of subordinates. And finally, it gives an indication of the kind of measures that can be expected from managers to either stop or prevent such acts. In sum, it creates the opportunity to assess the adequacy of the criteria for liability. Overall, these criteria are well suited. The insights from organizational theory can even be used to further develop and fine-tune the duty of care. This would enhance the quality of the legal framework and ensure that neither ignorance nor incompetence is bliss. As such, a certain revision is required. Currently, doing more than is strictly required can backfire on management. It increases the chance of knowledge, which in turn triggers the duty of care and creates the risk of liability. Furthermore, the legislator should consider the separate penalisation of violating the institutional duty of care by introducing an obligation to ensure a sufficient organisation structure, organisation culture, and information infrastructure. [PhD Thesis in Dutch, with a summary in English]

This briefing by David Ellis and David Whyte is the second of two briefings the Centre has published on public attitudes to questionable conduct by the state, corporations and individuals. The first briefing – Redefining corruption – revealed deep public concern at the collusive relationship between successive governments and powerful private interests. This included strong support for a ban on 'revolving door' appointments, where former ministers and civil servants join private companies they have worked closely with while in government. In this briefing, the authors compare public attitudes to corruption committed by people in positions of power, with attitudes towards petty offending such as joyriding and shoplifting. The results are striking. When asked to compare police manipulation of evidence with shoplifting, 96 per cent said they considered police manipulation of evidence as on par with, or more serious than, shoplifting. Only one per cent considered shoplifting a more serious offence. Ninety-five per cent considered a pharmaceutical company overcharging the NHS as on par with, or more serious than, joyriding. Only two per cent considered joyriding the more serious offence. Despite the seriousness with which the public view such state and corporate offending, it is those suspected of petty offences such as shoplifting and joyriding who are far more likely to face arrest, prosecution and punishment. And as the authors point out, 'even in the unlikely event that corporations or their executives are punished for criminal or regulatory offences, those convictions are rarely followed by the type of stigma and social disadvantage that affects other types of offenders'. The authors are not arguing that corporate criminals should be subjected to long prison sentences. But they do propose sanctions for corporate and state crime that might be more in keeping with the seriousness with which the public view such offences. These range from public shaming – an advert in a newspaper for instance – to a 'corporate death penalty', in which major corporate malfeasance might result in forced nationalisation or company closure. This briefing therefore raises a number of important questions for anyone interested in how harmful practices – whether perpetrated by individuals or collectively by corporate or state bodies – might best be responded to and reduced.

The debate on introducing the international crime of ecocide and corporate liability at the international level has been intense during the last fifty years. A recent research project elaborated two draft conventions on the supranational crime of ecocide and transnational crimes (eco-crimes), both acknowledging corporate liability. Also in recent years, the International Monsanto Tribunal-an opinion tribunal-found the Monsanto multinational enterprise responsible for ecocide: although not binding, its advisory opinion tackles most of the critical issues arising from corporate environmental crime. After a review of the case, the article analyses the Draft Convention Ecocide, focusing on the main features of this crime and the corporate liability system provided. Albeit some aspects could be subject to critics, the project has several strengths, particularly for its pragmatic approach to corporate remediation, and also aimed at fostering the dialogue between the national States through the approval of a specific convention.

Mediante el presente trabajo procuramos analizar la incidencia del tráfico de influencias dentro de los diversos sistemas políticos, económicos y sociales y la repercusión de tal variable como instrumento de poder que favorece a determinados grupos o clases para obtener ventajas futuras. Efectuamos el abordaje del tema, mediante el análisis de algunas definiciones de dicha variable y otras directamente vinculadas, como así también, utilizando el marco referencial de la Teoría de la Corrupción1 que nos da una perspectiva más amplia y adecuada para su comprensión. El enfoque adoptado tiende a favorecer el desarrollo de modelos de análisis y estrategias metodológicas y a la formulación de políticas y programas operativos para la eliminación o minimización de la corrupción sistémica.
Palabras clave: tráfico de influencias, corrupción, cleptocracia.

In a world where economics has become globalized and the cross-border dimension of corporate crime has grown exponentially, the jurisdictional issues become central. The compartmentalization of production into global corporate groups, joint ventures and supply chains not only increases the risk of commission of crimes and human rights violations by multinational or transnational corporations, but also undermines state enforcement efforts. The essay focuses, therefore, on the new forms of extraterritorial jurisdiction – both genuine and “camouflaged” under an extremely extensive notion of territoriality – from a twofold perspective: effectiveness of criminal law and protection of the fundamental rights of persons (individuals and corporations prosecuted by different national authorities, in search of a reasonable balance.

In un mondo in cui l’attività economica si è globalizzata e la dimensione transfrontaliera del crimine di impresa è esponenzialmente cresciuta, il tema dell’estensione spaziale delle leggi penali nazionali assume rilievo centrale. La parcellizzazione della produzione in gruppi societari, joint venture e catene di approvvigionamento globali, oltre a fomentare reati e violazioni di diritti umani da parte delle imprese multinazionali o  transnazionali, erode la capacità di enforcement degli Stati. Il saggio si concentra, così, sulle nuove forme di giurisdizione extraterritoriale – sia autentiche che “mimetizzate” sotto una nozione di territorialità dilatata all’estremo – da una duplice prospettiva: efficacia della risposta punitiva e tutela dei diritti fondamentali dei soggetti (individui e società) sottoposti a procedimento penale da parte di molteplici autorità nazionali, nell’ottica di un equilibrio ragionevole.

Lo scritto si propone di rispondere a due domande: i) nell’attuale ordinamento giuridico nazionale esistono norme che riconoscano e valorizzino la Restorative Justice? ii) i conflitti scaturiti da illeciti (penali)
ambientali possono essere gestiti facendo ricorso agli strumenti offerti dalla giustizia riparativa, o l’unico sistema continua a essere quello rappresentato dal c.d. “diritto penale classico”?
Nel tentare una risposta, viene operata un'analisi critica degli strumenti attualmente offerti nel settore in esame dal nostro ordinamento giuridico.

Trading in influence (art. 346-bis c.c.), provided by law 190/2012  is the main Italian offence in the area of influencing public decision making. The offence rose expectations, but the first judicial decisions have shown many shortcomings: lack of consistency in the relation with the offence “millantato credito” (a special kind of fraud), violation of the “lex certa” requirement and of the harm principle. Furthermore, the proof of the numerous elements of the offence will be very difficult, especially when the conduct aims to influence the decision making process in the exercise of legislative or discretionary functions. It seems necessary to further reform the offence.


Nei processi decisionali pubblici il rischio penale per l’attività di lobbying oggi gravita soprattutto attorno alla fattispecie di traffico di influenze illecite (art. 346-bis c.p.), introdotta dalla l. n. 190/2012. Il delitto di nuovo conio aveva suscitato grandi aspettative, ma già i primi riscontri giudiziari appaiono deludenti. Esso non si coordina adeguatamente con il millantato credito (art. 346 c.p.), appare di limitata efficacia deterrente e si pone in attrito con i principi di determinatezza e offensività della fattispecie penale. La fitta schiera di elementi costitutivi complica l’accertamento, specie in relazione all’attività legislativa o amministrativa discrezionale. Appare quindi opportuna una revisione legislativa.

This article is intended to give an account of the contents of this book. To this end, the following theses on the law of economic crime and theory of crime have been outlined, taking as a guiding thread the opinions expressed by the authors: 1) law of economic crime as a subsystem in a theory of crime that is not monolithic and constitutionally acceptable; 2) law of economic and corporate crime at the crossroads between individual and corporate liability ; 3) The difficult task to delimit the scope of criminal enforcement and its specific configuration based on certain normative principles that operate potentially as limits; 4) Tendency to the "objectivation" of criminal liability in corporate and economic crimes and the erosion of criminal guarantees; 5) Emergence of intra-systemic dogmatic problems in the criminal law system, specially regarding the regulation of corporate criminal liability; 6) Movements of the theory of crime in the Special Part and internationalization of the law of economic and corporate crime.

This course will explore the relationship between crime and society—the sociological interpretation of crime, criminal behavior, the criminalization of individuals and communities, as well as the policies and institutions (e.g. police, courts, prisons) that are the result of such transgressions. Through an examination of a variety of theoretical, conceptual, practical and legal perspectives, we will understand some of the ‘causes’ of crime, as well as the social, political and institutional responses. A series of diverse guest speakers will compliment these perspectives with experiential knowledge and providing valuable resources for learning. Throughout the course, special attention will be focused on the relationship between race, class, gender, sex, and sexuality in constructing crime and victimization, as well as the social responses to crime and criminal behavior. Students will be challenged to adopt both traditional and critical lenses, and to build a nuanced understanding of complex phenomena by discussing individuals as intersectional beings—constituted by a variety of social forces simultaneously. Students will become knowledgeable of specific historical examples, as well as frameworks for analyzing criminality and victimization more generally, at both the level of the individual and that of policy.

This ebook provides an exploration of the nature and consequences of of the nature and extent of the Bhopal Gas Disaster of 1984  which has been responsible for over 25,000 deaths.  It also assigns responsibility for this event which was the outcome of irresponsible decisions by  the officers of Union Carbide Corporation (UCC) and its subsidiary Union Carbide of india Limited (UCIL).  These were facilitated, encouraged even required by the routine operations of the globalised corporate capitalist economic system  and its legal regime.

By using analogically Brandon Garrett´s words 'United States v Goliath', this essay offers a broad comprehension of corporate criminal liability and the new emerging trends about compliance in Brazil. It proposes two didactic classifications: (1) one that helps to understand the evolution of corporate criminal liability and its reception in Brazil; and (2) other that helps to conceptualize compliance and better understand the challenges it faces. Thirty years after the first prevision in the Constitution, and twenty after the first - and unique - legislation which introduced corporate criminal liability in case of some environmental offenses, there is unfortunately nothing much new in the field. Similar criticisms are posed concerning the Brazilian antibribery law, evidencing no more than what was once criticized by William Laufer, the reproduction of a compliance game among regulators and regulated. Since the Brazilian regulatory regime and law enforcement measures are inconsistent, the essay assumes that the efforts to regulate corporate behavior are unsystematic, and there is nothing to face Goliath.

In tema di responsabilità da reato degli enti, il rappresentante legale incompatibile, in quanto indagato o imputato del reato presupposto, non può provvedere neppure alla nomina del difensore di fiducia dell'ente, stante il generale e assoluto divieto di rappresentanza posto dall'art. 39, d.lgs. n. 231 del 2001. Si presume un conflitto di interessi tra rappresentante e rappresentato: trattasi di una presunzione legale iuris et de jure, i cui effetti "demolitori", a nostro avviso, appaiono eccessivi e conducono a ritenere preferibile la configurazione della presunzione in esame in termini di relatività, che ammette prova contraria.

In 1980, a jury returned “not guilty” verdicts on three counts of reckless homicide against the Ford Motor Company. The company was indicted when three girls were killed after their Ford Pinto burst into flames following a rear impact collision. This paper re-examines the consequences of this landmark case involving corporate wrongdoing from the perspectives of the participants 20 years later. Interviews were conducted with 22 individuals directly involved with the litigation, as well as with insightful observers and experts. The lasting impact of this case is demonstrated through its influence on the development of corporate liability, even though the company was found “not guilty.”

Corrupt exchanges are often brokered by a third party, but this phenomenon has not been satisfactorily explored by researchers of corruption. Literature on brokerage in general provides interesting models but they have not previously been applied to corrupt exchanges. Based on in-depth qualitative interviews with respondents who participated in actual corrupt transactions, this paper identifies several distinct brokerage types in low-level corruption in contemporary Hungary. The paper also provides explanation of variation in corruption brokerage in terms of actors' group affiliations, forms of the corrupt exchanges, brokerage mechanisms, as well as neutrality, benefit and motivation, risk distribution, and stability of the brokerage structure. Finally, we discuss some policy implications of corruption brokerage.

Banks accused of rate-fixing. Members of Parliament cooking the books. Major defense contractors investigated over suspect arms deals. Police accused of being paid off by tabloids. The headlines are unrelenting these days. Perhaps it’s high time we ask: just exactly how corrupt is Britain? David Whyte brings together a wide range of leading commentators and campaigners, offering a series of troubling answers. Unflinchingly facing the corruption in British public life, they show that it is no longer tenable to assume that corruption is something that happens elsewhere; corrupt practices are revealed across a wide range of venerated institutions, from local government to big business. These powerful, punchy essays aim to shine a light on the corruption fundamentally embedded in UK politics, police and finance.

This chapter is about managing sociotechnological risks. It is in the 70s that the notion of ‘high-risk’ (or ‘safety critical’) systems started to be distinguished and grouped into an independent category including industries such as the nuclear, aviation, marine, petrochemical or the railways. Any attempt such as this one to introduce this background in a few pages is necessarily restrictive, partly unfair but also a simplified account. And, there are of course many different strategies to do so. One option is to consider the field through the scientific disciplines involved, say sociology, engineering, psychology, ergonomics, management, etc. A second one, quite related to the first, is to introduce pioneers who, from different disciplinary backgrounds, produced seminal contributions used as shared references among various research communities interested in the safety of complex sociotechnological systems. A third one is to look into industry (aviation, nuclear or petrochemical) in order to illustrate and to differentiate the diversity of problems related to sociotechnological risks and how they materialise. Another option is to identify core concepts that sometimes cut across a range of disciplines, authors and industry which offers also good insights into the issues involved with sociotechnological risks. In any case, it is a very challenging task. The intention in this chapter is to combine a bit of these strategies in order to offer the reader a broad vision, and to follow editors’ guidelines specifying the following structure: first, key concepts, second, major debates and third open questions/perspectives.

DOCTRINA DPyC CRIMINOLOGÍA Compliance en la perspectiva de la criminología económica POR EDUARDO SAAD-DINIZ Sumario: I. Introducción.-II. Algunas lecciones del pensamiento criminológico.-III. De los street crimes a los white-collar crimes y de los white-collar crimes a los corporate crimes.-IV. Investigación criminológica comparada y control social formal de las organizacio-nes.-V. Enforcement y compliance.-VI. A título de colofón. POR EDUARDO SAAD-DINIZ (*)

BHS: Cilj rada je identificiranje kriminalnih aktivnosti tipičnih za ''bijele ovratnike'', uz sociodemografska i psihološka obilježja ove grupe zaposlenika-počinitelja. Pregledom literature i statističkih podataka, utvrđeno je da su počinitelji ove vrste obično: oženjeni muškarci četrdesetih godina koji pripadaju bjelačkoj populaciji, i to visoke inteligencije i socioekonomskog statusa; narcisoidni oportunisti, utilitaristi, hedonisti, te osobe sklone manipulaciji i pretjeranom upravljanju dojmovima o sebi. Ove osobe nerijetko spadaju u grupu emocionalno stabilnih ekstraverata, koji većinom pokazuju otvorenost za nova iskustva. Pored toga, sebe percipiraju kao savjesne osobe. Različite su kriminalne radnje za koje ovi počinitelji odgovaraju pred zakonom: podmićivanje, pronevjere, falsificiranje, prevare, utaje poreza... Kriminalci iz grupe ''bijelih ovratika'' najčešće su motivirane pohlepom, korištenjem prilike koja im se ukazala, sviješću da ih je teško uhvatiti i uvjerenjem da posjeduju sposobnosti i vještine potrebne za određenu prevaru. Za njih je karakteristično korištenje racionalizacije i neutralizacije, kao mehanizama opravdavanja svojih nedjela. Natjecateljska, nemilosrdna organizacijska klima i toleriranje etički upitnih taktika poslovanja mogu ih dodatno motivirati za vršenje nedozvoljenih aktivnosti.

ENG: The aim of the article is identifying criminal activities that are typical of ''white collar workers'', along with the socio-demographic and psychological characteristics of this group of employees. On the basis of review of the literature and statistical data, it was found that theseperpetrators areusually: married men in theirforties who belong to the white population, with high intelligence levels and socioeconomic status; narcissistic opportunists, utilitarians, hedonists; and people prone to manipulation and impression management in favor of themselves. These individuals often belong to the group of emotionally stable extraverts, which mostly show openness to new experiences. In addition, they perceive themselves as conscientious persons. There are various criminal activities on the grounds of which these perpetrators are prosecuted: bribery, embezzlement, forgery, fraud, tax evasion... ''White collar'' criminals are often motivated by greed, using the opportunity that was offered to them, the awareness that it is hard to catch them, and the conviction that they have the ability and skills necessary for a specific fraud. They typically use rationalization and neutralization, as mechanisms to justify their misdeeds. Competitive, ruthless organizational climate, and tolerance to ethically questionable business tactics may further motivate them to carry out this kind of illicit activities.

MEMBERS OF THE INDEPENDENT COMMISSION OF EXPERTS
The Corporate Crimes Principles were adopted by the
following experts in their individual capacity: Justice Ian Binnie
(Co-Chair), Anita Ramasastry(Co-Chair), William Bourdon, Siri Frigaard
Nuhu Ribadu, James G Stewart, Mark Taylor, Alex Whiting, Martin Witteveen

The concept of corporate crime has grown rapidly the last thirty years, with an increasing number of corporations participating in economic and public life. Particularly came to the notion that corporations within their core business can act against the law, causing damage to the country, but also to society as a whole. Having in mind the essence of corporate operations and management (the pursuit of making profit), and the scope of their activity, we can assume how much damage it inflicts illegal activities. In addition corporate crime now dominates pronounced international character, given the growing presence of multinational corporations, which further aggravated criminal reaction to this form of negative social effects. In addition, in today's age of global capitalism, advanced technology development, including the development of e-commerce (e-commerce), we can expect further growth of corporate crime. Also corporate crime shows strong correlation with other types of crime, especially white-collar crime, economic crime and organized crime. There is often a lack of differentiation of these criminal phenomena, which affect the study of corporate crime. Although by doing some of their activities the corporation performs specific criminal offenses, criminal liability of legal persons for a long time has no provisions for that under national law, especially the European countries from which Corporation is coming. Therefore, many countries have joined the facelift for the criminal law, and to provide accountability and punishment of legal persons for criminal offenses (either directly, or indirectly to). Bearing in mind the European directive and other international standards, it is expected that this issue will be aligned in the European countries in a way that will make the offenses responsible corporation, which will cause the development of corporate criminal law.

""It is well known that in the ‘subsequent trials’ held in Nuremberg by the US military, the directors of three of Germany’s largest industrial combines (and one bank) were prosecuted for their roles in the Nazis’ aggressive wars and the Holocaust. What has remained largely hidden is how the rapidly changing geopolitical landscape influenced the decision to try industrialists for their war responsibility, the articulation of the ‘economic case’ at the International Military Tribunal (IMT), the conduct of the industrialists’ trials at the US Military Tribunals at Nuremberg (NMT) and eventually the early release and rehabilitation of the convicted business leaders. Th e US and USSR had at one point both understood World War II (WWII) as a war of economic imperialism in which industrialists had played a key role—both in planning and waging. With the commencement of the Cold War this idea became a point of sharp ideological divide. The economic story of WWII gradually moved over to ‘hidden history’ in the West, while remaining visible only in the German Democratic Republic and Soviet discourse. Likewise, the omission of zaibatsu leaders from the Tokyo International Tribunal hid the Allies’ expressed conviction that also the war on the Eastern front had been one of economic imperialism. Over time, the way international confl ict is conceptualized and explained in mainstream Western (legal) discourse has changed, as has the role that international criminal law (ICL) is accorded in world politics, and whose of the industrialists at Nuremberg. Section V compares the US trials to the largely forgotten post-WWII international trials of industrialists by the French, British and Soviet military tribunals, and with the decision of the Military Tribunal for the Far East not to indict Japanese zaibatsu leaders. Finally, Section VI connects the aftermath of the trials, the ‘McCloy clemency’ and subsequent reinstatement of most of the industrialists to their former positions, with contemporary debates around ICL, the economic causes of confl ict and ‘corporate impunity’.""