The criminal law essay below has been submitted to us by a student in order to help you with your studies. According to John Blowie, Senior Assistant State’s Attorney of the Workplace of the Chief State’s Attorney, prosecutors rely on a number of criminal laws of basic applicability in connection with illegal conduct on the component of corporate officials and directors. The law needs that corporate directors and officers carry out their duties to their corporation in particular strategies or they may be personally liable to shareholders or to the corporation itself. Again, duty is with the company and its directors to guarantee the software getting applied is effectively licensed.
All round, Bittle’s analysis demonstrates how the political sensibilities of corporate capitalism shaped how legislators evaluated proposals for heightening corporate criminal liability around workplace injury. Dr Prem Luthra vs Iftekhar (2004) 11 CLD 37 (SCDRC – UTTARANCHAL) Mrs Savitri Devi vs Union of India IV (2003) CPJ 164 Dr Devendra Madan vs Shakuntala Devi I (2003) CPJ 57 (NC).
In the Santra case, the Supreme Court has pointed out that liability in civil law is primarily based upon the quantity of damages incurred in criminal law, the amount and degree of negligence is a factor in figuring out liability. These are incredibly really serious consequences that no one would want to face, so it is important for corporation directors to comprehend their responsibilities and take action to avert application piracy.
Please let us know if you would like additional details regarding the liability of corporate officers and directors in connection with pension fraud, workers compensation, and environmental protection matters. In addition to these state civil and criminal treatments, directors and officers also are subject to private lawsuits, which may well be filed directly against the director or officer, or might be filed by shareholders on behalf of the corporation (derivative lawsuits).
A consideration of the laws and policies of the UK and South Africa suggests that there is no genuine consensus as to the form of liability that must be imposed on bank directors and management. For example, corporations can conduct periodic audits to make sure that all programs in use at the firm are authorized copies, and that all software program is applied in an authorized manner.