Corporate criminal liability under the Companies Act / Ramlah Hamid
Initially, it was said that a corporation had no mind, could not will, and so could not personally entertain the intent necessary to commit crimes. Powers were never explicitly conferred enabling the corporation to commit crimes. Therefore, it was said, the commission of any crime was necessary ultr...
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1986
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my.uitm.ir.281332022-12-22T07:23:30Z https://ir.uitm.edu.my/id/eprint/28133/ Corporate criminal liability under the Companies Act / Ramlah Hamid Hamid, Ramlah K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) Initially, it was said that a corporation had no mind, could not will, and so could not personally entertain the intent necessary to commit crimes. Powers were never explicitly conferred enabling the corporation to commit crimes. Therefore, it was said, the commission of any crime was necessary ultra vires a corporation and could not be imputed to it.But now, the question of whether a company ought, on grounds of public policy, to be made criminally liable has been answered in the affirmative by the courts. As we have seen now, the law which stands today is that a company may be prosecuted for the crimes of its officers or employees if the statute creating the offence is intepreted as imposing liability on the employer as well as on the officer or employee Faculty of Law 1986 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/28133/2/28133.pdf Corporate criminal liability under the Companies Act / Ramlah Hamid. (1986) [Student Project] <http://terminalib.uitm.edu.my/28133.pdf> (Unpublished) |
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K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) Hamid, Ramlah Corporate criminal liability under the Companies Act / Ramlah Hamid |
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Initially, it was said that a corporation had no mind, could not will, and so could not personally entertain the intent necessary to commit crimes. Powers were never explicitly conferred enabling the corporation to commit crimes. Therefore, it was said, the commission of any crime was necessary ultra vires a corporation and could not be imputed to it.But now, the question of whether a company ought, on grounds of public policy, to be made criminally liable has been answered in the affirmative by the courts. As we have seen now, the law which stands today is that a company may be prosecuted for the crimes of its officers or employees if the statute creating the offence is intepreted as imposing liability on the employer as well as on the officer or employee |
format |
Student Project |
author |
Hamid, Ramlah |
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Hamid, Ramlah |
author_sort |
Hamid, Ramlah |
title |
Corporate criminal liability under the Companies Act / Ramlah Hamid |
title_short |
Corporate criminal liability under the Companies Act / Ramlah Hamid |
title_full |
Corporate criminal liability under the Companies Act / Ramlah Hamid |
title_fullStr |
Corporate criminal liability under the Companies Act / Ramlah Hamid |
title_full_unstemmed |
Corporate criminal liability under the Companies Act / Ramlah Hamid |
title_sort |
corporate criminal liability under the companies act / ramlah hamid |
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Faculty of Law |
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1986 |
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https://ir.uitm.edu.my/id/eprint/28133/2/28133.pdf https://ir.uitm.edu.my/id/eprint/28133/ |
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