期刊名称：International Journal for Crime, Justice and Social Democracy
印刷版ISSN：2202-7998
电子版ISSN：2202-8005
出版年度：2017
卷号：6
期号：3
页码：104-122
DOI：10.5204/ijcjsd.v6i3.421
语种：English
出版社：Queensland Uuniversity of Technology
摘要：Although there is increasing academic recognition of corporations as criminogenic, the criminal legal system has demonstrated difficulties in conceptualising corporate culpability. The current Royal Commission into Institutional Responses to Child Sexual Abuse provides ample evidence of why organisations can and should be criminalised for systemic failures. I demonstrate that the emphasis upon individualistic subjective culpability by the criminal legal system does not adequately encapsulate the institutional failings detailed before the Royal Commission. Whilst mandatory reporting offences are important, these offences do not adequately respond to the kinds of organisational failings identified by the Royal Commission. I argue in favour of developing a new institutional offence constructed upon realist concepts of negligence and/or corporate culture that recognises that organisations are capable of wrongdoing and sufficiently blameworthy to justify the imposition of criminal sanctions. I conclude by arguing that the expressive role of criminal law justifies and requires the criminalisation of this kind of organisational wrongdoing.
关键词：Systemic failure; corporate culture; negligence; institutional child sexual abuse.
