Limited criminal liability of corporations

Limited criminal liability of associations

Nature

Traditionally under common law, corporations and associations could not be convicted for criminal offences, since not being persons, they could not personally participate in a trial or be imprisoned if convicted. Corporate liability for failure to perform duties owed to the general public and for actions of employees during the course of their duties is increasingly recognized.

Claim

Limited liability is a worldwide swindle. The only risk in running a limited company is that the public will understand the nature of the racket. Evasion of responsibility is the whole point of limited liability. Companies are now deliberately formed to take advantage of tax relief on bankruptcy. Senior managements have escaped censure, let alone criminal punishment, for disasters which have been attributed to breaches in health or safety requirements.