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Review of Corporate Criminal Liability and Piercing Corporate Veil in Pakistan.

Authors :
Ajmal, Muhammad
Malik, Dil Muhammad
Source :
Pakistan Journal of Social Sciences (PJSS); Jun2021, Vol. 41 Issue 2, p305-315, 11p
Publication Year :
2021

Abstract

Corporate criminal liability and piercing corporate veil are challenges of the criminal administration of justice. The company pleads lack of men's rea. The wrongdoers hide behind the corporate veil. However, justice and equity demand enforcement of criminal liability for crimes. The notions of corporate criminal liability piercing the corporate veil are duly recognized in statutes and precedents of Pakistan and the United Kingdom. However, some theoretical and procedural deficiencies ought to be addressed. The test to weigh corporate men's rea, the ambiguity of principles justifying piercing corporate veil, the multiplicity of forums, unregulated discretion of the court, and chances of double jeopardy are some of the important issues. The objectives of this research are to examine all the issues, identify the causes, and find out the remedial steps. The research methodology is mainly doctrinal and comparative through evaluation of statutes and precedents with the United Kingdom. This research has corporate and legal impacts. It shall aid expeditious and meritorious adjudication, development of positive corporate culture, and boosting public trust in the judiciary. The findings reveal that the major issues exist while the solution lies in the reformation of corporate criminal laws. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20742061
Volume :
41
Issue :
2
Database :
Supplemental Index
Journal :
Pakistan Journal of Social Sciences (PJSS)
Publication Type :
Academic Journal
Accession number :
151849270