Liabiliti Jenayah Korporat di Malaysia Mengikut Perspektif Tadbir Urus Korporat
Corporate Criminal Liability from a Corporate Governance Perspective

Fakulti Undang-undang
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor, MALAYSIA.

hmohdali@ukm.edu.my

Abstract

A company as a separate legal personality is liable in criminal cases as well as civil cases such as breach of contract or open to tort liability. It is acknowledged that there are still conceptual and practical issues in adopting this concept. There are two main methods of liability where company may be convicted; through vicarious liability and identification principles. In addition, statutes may also impose liability directly to a company without applying the common law principles. Corporate criminal liability will make the company more cautious in conducting their daily business to avoid the risk of prosecution. In fact, there are certain liabilities that can only be imposed on the company as an organisation without associating with any of its directors. Based on the case study and practice in Malaysia, and comparisons with the position in the United Kingdom and Australia; it is recommended that the concept of corporate liability be taken seriously to be developed in enhancing its role to increase good corporate governance in Malaysia.

Keywords

corporate governance; corporate responsibility; Criminal liability; identification principle; vicarious liability
https://doi.org/10.17576/pengurusan-2018-51-19

Citation

Mohd Ali, H. (2017). Liabiliti Jenayah Korporat di Malaysia Mengikut Perspektif Tadbir Urus Korporat. Jurnal Pengurusan, 51, 225–234. https://doi.org/10.17576/pengurusan-2018-51-19

@article{ali2017liabiliti,
  title={Liabiliti Jenayah Korporat di Malaysia Mengikut Perspektif Tadbir Urus Korporat},
  author={Mohd Ali, Hasani},
  journal={Jurnal Pengurusan},
 

volume={51},
  number={},
  pages={225—234},
  year={2017},
  doi={https://doi.org/10.17576/pengurusan-2018-51-19},
  publisher={Penerbit UKM},
}

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51 (2017) 225 – 234

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