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TitleCorporate criminal liability in South Africa
AuthorLewis, Lodea
SubjectCriminal law
SubjectCriminal liability
SubjectSouth Africa
SubjectCorporate liability
AbstractMagister Legum - LLM
AbstractCriminal law defines certain standards of human behaviour as crimes, which is inherently linked to culpability and requires proof of an accused"s mental state and is enforced through a system of state punishment. As a general rule, only human beings can perform an act, with the exception of a corporate body that can engage in conduct and be liable for a crime in certain circumstances. A corporation is a juristic person and the bearer of rights and duties similar to natural persons, however it lacks morality and a mind. Corporations have a separate legal persona to those who comprise it, however it acts and thinks through its members and this creates certain problems in attributing blame.
PublisherUniversity of the Western Cape