Criminal Liability for Economic Criminal Actions Conducted by a Corporation in the Era of Globalization

Abstract

During the era of globalization, corporations provide an impactful role for human kinds worldwide, especially in increasing the national economy. At the same time, corporations have given birth to Transnational Organized Crime (TOC) in economics. Thus, a legal instrument is required against corporations, concerning legal liability and legal sanctions, among others. The research method used in this study is juridical normative, namely research oriented to literature survey. Data sourced from statutory regulations, literature books containing legal principles, and doctrines relating to the problem. The results showed that the criminal law doctrine recognizes four forms of criminal responsibility: direct liability, vicarious liability, strict liability, and company culture doctrine. Meanwhile, criminal sanctions against corporations are fines and, if necessary, are supplemented with additional penalties on the condition that they must pay attention to the continuity of the corporation’s existence and the employees’ interests if the corporation falls bankrupt due to criminal sanctions.

Keywords: corporations, transnational organized crime, criminal liability, criminal sanctions, globalization.