ABSTRACT

Fisse and Braithwaite (1993) analyse three predominant theoretical domains of thought about allocation of responsibility for corporate crime – individualism, law and economics, and organisation theory. Although their work is located in an Australian context, they attempt to develop a model for the allocation of responsibility for corporate crime. Their model is based fundamentally on what they call a rule of action:

Fisse and Braithwaite (1993, p 141), suggest a legal package containing several essential elements. These are a system of pyamidal enforcement, where a legal response to noncompliance could be escalated; guidelines for prosecuting corporations or individuals; accountability agreements, orders and assurances, including disciplinary and other duties; threshold requirements for accountability agreements, orders and assurances; advanced designation of roles ensuring such responsibilities related to agreements; and the provision of supervision, monitoring and safeguards against scapegoating.