Corporate Criminal Liability and the Duty of Care
PhD student: Mrs A.L.M. Schaap
Promotor: F.G.H. Kristen
Duration: 1/5/2016 - 30/4/2020
In Dutch criminal law, the duty of care of a corporation plays a significant role in the establishment of corporate criminal liability: failure to comply with this duty can establish corporate criminal liability. At the same time, there also seem reasons to believe that compliance with the duty of care can prevent corporate criminal liability. With the increased focus on corporate wrongdoing worldwide and thus on corporate criminal liability, the corporate duty of care is fast gaining importance, both from a practical and an academic perspective. However, the exact meaning and role of this duty remains unclear. This not only raises the question on the current meaning and role of the duty of care but also on how the duty of care relates to classical dogmatic principles of Dutch criminal law, such as the legality principle (and more specifically, the foreseeability) and the guilt principle. This research project seeks to elucidate upon the meaning and role of this corporate duty of care, drawing on insights in the field of tort law and criminal law from a comparative perspective, and on corporate practice.