Criminilogy Prision Project LLM
Criminilogy Prision Project LLM
Criminilogy Prision Project LLM
PROJECT WORK
ON
PRESCRIBED FOR
Corporate crimes.
LLM SEMESTER-I
(Batch 2023)
Submitted To-
Submitted By- Aakash Mishra
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TABLE OF CONTENTS
S. No Content Page No
1 Cover Page 1
2 Acknowledgment 3
3 Introduction 4
4 Topic-1 5
5 Topic-2 6
6 Topic-3 7
7 Topic-4 8-9
8 Summary 10
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Acknowledgement
At the very beginning, I would like to thank all those who were the ‘guiding lights’ behind this
project. First of all, I would like to take this opportunity with esteem privilege to express my
heartfelt thanks and gratitude to my course teacher for having faith in me in awarding me this very
significant project topic. His consistent supervision, constant inspiration and invaluable guidance
have been of immense help in carrying out the project work with success.
Next, I would like to thank my colleagues for maintaining an academic atmosphere which helped
in creation of new ideas and lines of thought for the betterment of this project.
Subsequently I would like to thank my university for providing such an enriched Library, the
computer lab, internet facility without which this project would have been in a distant realm.
I extend my heartfelt thanks to my family and friends for their moral support and encouragement.
I also take this opportunity to thank all those people who contributed in their own small ways for
the completion of this project.
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Introduction on Prosecution and Imprisoning Corporate Criminals.
Corporate crime can have far-reaching consequences, affecting not only shareholders
and employees but also consumers, communities, and the environment. When
corporations engage in illegal activities, they undermine public trust, damage
reputations, and harm individuals and society at large. Despite the potential for
widespread harm, prosecuting corporate criminals can be a complex and challenging
endeavor, often involving intricate legal frameworks, corporate structures, and powerful
interests.
This introduction will explore the importance of prosecuting and imprisoning corporate
criminals, the challenges involved in holding corporations accountable, and the potential
benefits of effective enforcement measures. By examining these issues, we can gain a
deeper understanding of the significance of addressing corporate crime and the
implications for justice, deterrence, and the rule of law in modern society.
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How are corporate criminals different from normal criminals?
Corporate criminals differ from "normal" or traditional criminals in several key ways:
Overall, while corporate criminals share some similarities with traditional criminals in
terms of their intent to break the law, their actions, motivations, and impact on society
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are often shaped by distinct organizational, legal, and regulatory factors. Effectively
addressing corporate crime requires a multifaceted approach that combines legal,
regulatory, and ethical strategies to hold corporations and their executives accountable
for illegal behaviour and promote greater transparency, integrity, and responsibility in
the business sector.
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Why there is need of criminalising and prosecuting corporate criminals?
1. Upholding Justice and Accountability: Just as individual offenders are held accountable
for their actions, corporations and their executives must also be held accountable when
they break the law. Criminalizing and prosecuting corporate criminals ensures that
justice is served and that those responsible for illegal activities are held responsible for
their actions.
2. Protecting Society: Corporate crimes can have far-reaching and devastating
consequences for society, including financial losses, harm to public health and safety,
environmental damage, and erosion of public trust. By prosecuting corporate criminals,
society can protect itself from the harmful effects of illegal corporate behaviour.
3. Deterrence: The threat of criminal prosecution can act as a deterrent, discouraging
corporations and their executives from engaging in illegal activities. When corporate
criminals face the prospect of significant legal penalties, including fines, asset forfeiture,
and imprisonment, they are less likely to engage in behaviour that violates the law.
4. Promoting Fairness and Equality: Holding corporations accountable for their actions
promotes fairness and equality before the law. It sends a message that no entity,
regardless of its size, wealth, or influence, is above the law. By ensuring that all
individuals and entities are subject to the same legal standards and consequences,
criminalizing and prosecuting corporate criminals help promote a more just and
equitable society.
5. Restoring Trust and Confidence: Corporate wrongdoing can erode public trust and
confidence in institutions, markets, and the rule of law. By holding corporate criminals
accountable, society can help restore trust and confidence in the integrity of the
business sector, regulatory authorities, and the criminal justice system.
6. Preventing Recidivism: Prosecuting corporate criminals can help prevent future instances
of illegal behaviour by deterring repeat offenders and encouraging corporations to
adopt more ethical and responsible business practices. By imposing meaningful legal
consequences for corporate wrongdoing, society can incentivize corporations to comply
with the law and act in the public interest.
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What measures are taken to prosecute corporate criminals?
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a reasonable doubt. The corporation and its executives have the opportunity
to defend themselves against the charges and present their own evidence and
witnesses.
7. Imposition of Penalties: If found guilty, corporate criminals may face a variety
of penalties, including fines, forfeiture of assets, probation, court-ordered
remedies, and, in some cases, imprisonment for executives found personally
liable for the crimes committed by the corporation.
8. Compliance and Monitoring: In addition to imposing penalties, courts may
require corporations to implement compliance programs, internal controls,
and monitoring mechanisms to prevent future violations of the law.
Independent monitors may be appointed to oversee corporate compliance
efforts and report back to the court or regulatory authorities.
9. Public Awareness and Transparency: Prosecuting corporate criminals may
involve publicizing the outcome of the case to raise awareness about the
consequences of corporate wrongdoing and promote transparency in the
legal and regulatory process. Publicizing successful prosecutions can also
serve as a deterrent to other corporations considering engaging in illegal
activities.
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Conclusion
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