Author: Gunjan Maji
ABSTRACT
Today, penal law allows for specific definitions of offence and effective punishment. The rules of criminal law would have been adequate to contend with the crimes committed by the offender of society only if the world experienced typical wrongdoings. The additional roles of modern-day trends have caused us to think about the emerging ways for illegal behaviour and the recent profile of offenders to reconsider and update the concepts of criminal justice and rehabilitation. Worldwide law frameworks accept that businesses will be held responsible for crimes they have committed and that the legal system redefines the principles and myths surrounding corporate crimes. The standards of penology are also pushed below the general average in the assurance that sufficient penalties for corporate guilt are adequately discussed. This research explores corporate sentencing and investigates the perception that “green” offence perpetrators are more lenient than non-environmental criminals in the criminal justice system. Even though there are problems in assigning responsibilities for ecological harm in developing nations, these tragedies are not uncommon. Bhopal’s gas leak debacle underlines the serious existence of the issue in under-developed countries compared to developed countries. The judicial investigation of the Bhopal tragedy that nearly occurred two decades back significantly impacts the laws surrounding this matter. This is somewhat compared with cases from industrialised nations such as the United States oil spill Exxon Valdez and the United Kingdom Sea Empress. This paper addresses legal and structural shortcomings and additional legal considerations in developing countries. Accordingly, any of the n that would vigorously promote efforts towards improving their legislative or legislative structure at the international level through the regulation of Transnational corporations’ operations has still not emerged. This guide outlines the company criminal responsibility and prosecution system. The statute has obligated the courts to enforce fines as a means of corporate penalty only. It has to be overcome by creating and integrating alternative ways of punishment into the enterprise to achieve the actual object of proper sanctions, i.e. dissuasion, is possible. A comparative analysis of the principles of corporate criminal liability in the environmental legislation setting to determine whether the current environmental legislation provides work to pin down a corporation for ‘environmental crime’ is done. The chapter ends with finding out the effectiveness of corporate criminal liability to prevent a corporation from committing an environmental crime.
Keywords: Corporate Offences, Environmental Offences, Penalties, Criminal Liability, Enforce, Punishment.
