Corporations, Crime and Restorative Justice (From Restorative Justice in Context: International Practice and Directions, P 145-160, 2003, Elmar G. M. Weitekamp and Hans-Jurgen Kerner, eds. -- See NCJ-201195)

• NCJ Number: 201202
• Author(s): Marianne Loschnig-Gspandl
• Date Published: 2003
• Length: 16 pages
• Sale Source: Willan Publishing
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter discusses how restorative justice deals with corporate crime as well as corporations as crime victims.

Abstract

Corporate crime is understood as being various crimes committed by corporations, which actually means committed by their representatives for the benefit of or on behalf of the corporation. These crimes include economic crime (money laundering, bribery, price fixing), misrepresentation in advertising, production and sale of unsafe products, deceptive packaging, environmental crime, and also crimes against persons including crimes causing injury or death. Corporations can also be victims. Combining elements of corporate crime with restorative justice means that one must search for methods, procedures, and strategies to react appropriately to offenses committed by legally liable corporations. These reactive measures must contain elements of restitution, and compensation or mediation. Up to now, corporate liability has not existed in the Austrian criminal justice system. The Austrian Ministry of Justice is considering the introduction of a true criminal liability because of the principle of equality as well as its necessity for effective crime prevention; and because there will be an obligation to do it by European legal instruments. The range of options is a wide one: reactive, preventive, and proactive approaches can be found in modern jurisdictions, and even restorative ones. Corporations are punished by fines, restrictions of business activities, or exclusion from advantages. Other methods are diversion, conditional discharge, deferred sentence, or probation. One major problem when looking for restorative instruments is that in the majority of cases, where the greatest damage is done, the victims of corporate crime are either an anonymous group of people one cannot exactly define, or even the general public. Victim-offender mediation (VOM) usually does not make sense if the victim is a corporation. There are cases were VOM could be useful, such as cases of occupational crimes committed by employees. Restorative measures are perhaps even more important in corporate criminal law than criminal law for individuals considering the huge dimensions of damage caused by corporations. 8 notes, 30 references