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Corporate criminal liability

Corporate criminal liability allows an enterprise to be punished for offences linked to organisational failures or conduct within its operations.

Corporate criminal liability addresses how criminal responsibility can be attributed to a legal entity rather than only to natural persons. Swiss law recognises enterprise liability in defined circumstances, especially where inadequate organisation prevents attribution to an individual or for certain serious offences despite individual liability. The doctrine raises questions of compliance, delegation, internal controls, sanctions, and procedural representation. Comparative systems differ on whether liability is based on identification with managers, organisational fault, vicarious responsibility, or statutory compliance duties.

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