Today’s Legal Enlightenment (Monday, 05 September 2022) – “MA DECISION REGARDING CRIMINAL ACTIONS BY CORPORATIONS”

Even though the defendant’s action occurred individually because of the defendant’s mens rea, because the action was solely for the corporation’s benefit, the Supreme Court opined that what the defendant did was intended or the “mens rea” of 14 corporations.

Thus, the imposition of individual criminal responsibility liability with corporate liability must be applied simultaneously.

As a reflection of the doctrine of respondeat superior or the doctrine of vicarious liability, criminal liability to the corporation or the actions of the defendant as the personification of the corporation they represent becomes the duty and responsibility of what the defendant has done, which was decided collectively, is applied.

Supreme Court Decision No.2239 K/Pid.Sus/2010

Kind regards,

Fredrik J. Pinakunary