Corporate Crime covers issues resulting from the recent recession in Ireland which has unearthed a great number of unhealthy and potentially criminal practices, particularly in the banking and financial sector of the Irish economy. Issues arising in the context of the prosecution of companies, the sentencing of companies, corporate criminal and individual liability, and in the context of the constitutional rights of companies, are fully considered. Takes the reader through all stages from when the offence is committed to the conclusion of proceedings and considers the powers of each body to investigate and prosecute breaches of corporate crime.
This is the only legal title that deals with the ever-prevalent subject area of corporate crime.
The book is divided into four parts: - Procedural issues - Specific offences - competition law crimes and breaches of health and safety legislation - Detailed analysis of the investigation and prosecution of corporate crime under the Companies Acts 1963-2009 - Discussion of the confiscation of the proceeds of corporate crime
Includes the following legislation: Finance Act 2010; Companies (amendment) Act 2009; Proposed Companies Consolidation and Reform Bill; Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009; Whistleblowers Protection Bill 2010; Corporate Manslaughter Bill 2007.
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Table of Contents
Part 1: Considerations of Procedures and Liability 1 Introduction to Corporate Crime; 2 Corporate Criminal Liability; 3 The Criminal Liability of Individuals; 4 Criminal Procedure; 5 Documentary Evidence; 6 Constitutional Considerations; 7 Sentencing Corporations and Individuals
Part 2: Specific Offences 8 Corporate Fraud; 9 Bribery and Corruption; 10 Revenue Offences; 11 Competition Law Offences; 12 Health and Safety Offences; 13 Corporate Manslaughter
Part 3: Companies Acts - Offences and Prosecutions 14 Specific Companies Acts Offences; 15 Securities Offences and Market Abuse; 16 Inspections and Investigations; 17 Enforcement and Prosecution; 18 Disqualification Orders
Part 4: The Proceeds of Corporate Crime 19 Introduction to Part Four; 20 The Powers of the Criminal Assets Bureau; 21 The Proceeds of Crime Acts; 22 Confiscation under the Criminal Justice Act 1994; 23 Money Laundering