Crimes may be committed by companies.\u00a0 This may occur where the directors or those directing functions within the company cause the company to commit the relevant offence.<\/p>\n
It is not usually enough to show to avoid responsibility that the offence was committed in breach of the company\\’s internal regulations or even management instructions.\u00a0 Otherwise regulatory criminal law would be undermined.<\/p>\n
The basis of liability for the corporation is that the person who directs the company has committed the offence.\u00a0 Frequently other persons in the company such as a director may also be convicted individually where they consent to the offence.<\/p>\n
Companies do not enjoy the full extent of constitutional rights that individuals do.\u00a0 Many rights are conferred on citizens which implies natural persons.\u00a0 Provisions such as the right to a trial on a criminal Courts charge in due course of law are not limited to individuals.<\/p>\n
The relevant matter must be within the scope of matters assigned to them by the company. Where the directors or controllers of a company commit a fraud on the company or act way outside their authority, the company may not be liable.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Sanctions and Courts Many breaches of regulatory legislation comprise a criminal offence. Many regulatory offences may be tried either summarily or on indictment in the Circuit Court, with a jury.\u00a0 This choice is usually one for the prosecutor \/ regulatory authority. The District Court has the power to try cases summarily.\u00a0 However, the District Court […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[365],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5055"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=5055"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/5055\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=5055"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=5055"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=5055"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}