Azizur Rahman | 5 October 2021
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With the Law Commission drafting possible options for overhauling fraud laws in a way that could make it easier to prosecute companies, Rahman Ravelli have wrote a piece examining corporate criminal liability.
This article looks at the idea of the controlling mind of the company, including how this has been interpreted and the implications it has for prosecuting companies. They also consider the argument for creating a failure to prevent offence, along the lines of those in the Bribery Act and Criminal Finances Act.
With some commentators arguing that it is easier for the authorities to prosecute small companies rather than the larger ones, whose devolved structures make it difficult to establish corporate responsibility, Rahman Ravelli assesses the challenge facing those looking to produce alternatives to the current situation.
To read the full article, visit Lawyer Monthly.
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