Corporate Agents in Criminal Law – An Argument for Comprehensive Identification

Abstract

The doctrine of identification is often used to explain how corporations can commit criminal offences in their own right. Courts identify the natural persons who can be said to personify the corporation, and attribute their conduct and mental states to the corporation. However, current versions of the doctrine of identification suffer from several well-documented shortcomings. In this paper, I consider whether these shortcomings can be remedied by reformulating the identification doctrine to treat all corporate officers and employees as embodying the corporation when acting within their real or ostensible corporate authority

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