Reformulation and Realization of Unit Crime Liability Theory from the Viewpoint of Corporate Compliance

Authors: Yin Z and Na J*

DOI: 10.23880/ijfsc-16000354

Volume 9, Issue 1

Abstract

Lanzhou Nestle Company is exempted from the criminal responsibility on the grounds of fulfilling the compliance management obligations, but this is not the result of the corporate compliance effect on the identification of unit crime, and should return to the basic theory of unit crime liability theory, in order to clarify the specific path of corporate compliance to prevent the identification of unit crime. Unit crime lies in the essence of compliance responsibility, the objective central liability model in organizational responsibility theory is based on the objective aspect to infer the subjective aspect of the overall organization, and makes a comprehensive evaluation which both conforms to the subjective and objective unifies basic principles of criminal law, also provides concrete and clear solutions for practice. The will of corporate should be divided into direct intention and indirect intention. Corporate compliance has the effect of presuming that the unit does not have the will to indulge criminal behavior, that is, corporate compliance obstructs indirect intention. Based on this, the separation of unit responsibility and natural person responsibility is achieved. According to the basic principles of organizational responsibility and natural person responsibility, corresponding situations should be classified and defined separately. Post compliance can achieve the prosecution of natural persons without prosecuting the unit, and natural persons’ criminal responsibility should be reduced

Keywords: Corporate Compliance; Unit Crime; Organizational Responsibility Theory; Exemption From Liability

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