Syarat Pengurusan Kanan Badan Korporat dalam CMCHA 2007 (Corporate Manslaughter and Corporate Homicide Act 2007) dan Teori Identifi kasi: Satu Penilaian

Abstract

Corporate Killing is a criminal offence which attributes the wrong of causing death by negligence upon the corporation. The element of intention in criminal law has always become an ultimate issue when attributing manslaughter offence to the corporation since a corporation has no soul and mind. Therefore, Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) was enacted by the legislative body of United Kingdom to cope with the tragedy caused by the corporation and the involvement of senior management of the corporate is stipulated as a vital element of this offence. The element of senior management is considered as a solution to the issue of corporation incapability. Before CMCHA 2007 was enacted, the theory of identification is used for prosecuting corporation. However, the identification theory has caused problems for the prosecution and is often rejected as a mechanism for attributing criminal wrong to the corporation. Indeed, the enactment of CMCHA 2007 is a solution to the problems pertaining to the theory of identification. However, whether the theory of senior management could cause the same problems as the identification theory still remains an issue. Therefore, this article seeks to unlock the complexity of senior management as provided under the CMCHA 2007.