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The problem we have is that we dont use the vicarious liability under criminal law. As under western system we expect individual to take responsibility
The problem we have is that we dont use the vicarious liability under criminal law. As under western system we expect individual to take responsibility for the crime they committed. So companies and individual may together be found guilty but we not going to say the company is automatically guilty just bec the employee is. We want individual to take responsibility for their crime and only the people who are responsible to be prosecuted and punished. That is problematic. We do have strict liability requirement for eg under resource mgmt act. If you are kettle going and fell into stream? You dont have to have intention to do that but have let it happen. Those are fairly straight forward We have absolute liability - very rare where you have no defence. If it happen you are guilty. The only absolute liability crime i am aware of are about the student loan and tax administration act. We have got prob with crime as company doesnt have a brain? Cant form an intention. That is been playing? in the court for a long time rewrite
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