ABSTRACT

In its incipient form, in the twelfth century, criminal law was focused exclusively on individual wrongdoers. It was not until the middle of the nineteenth century that the malfeasance of corporations was within its scope. The extent of corporate criminal liability has been extended both by parliament and the courts. In primitive times sanctions tended to be collective. The breaking of a taboo was sanctioned, in many societies, to appease the supernatural, and punishment was by and for the whole group. Even individual disputes produced a collective response. The 1720 Act, however, produced a financial panic, causing the collapse of many companies. The demand for charters declined rapidly as a result of the panic and lawyers began to devise ways to circumvent the Act. In their early stages of development, companies pioneered new areas of trade and governments had an interest in supporting these corporate activities.