Criminal Liability of Managers in Europe: Punishing Excessive Risk

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Criminal Liability of Managers in Europe: Punishing Excessive Risk

By Stanislaw Tosza
Hart Publishing February 2021

Specifications

ISBN-13
9781509944958
Publisher
Hart Publishing
Publication
February 2021
Format
Paperback
Jurisdiction
European Union ? Countri(es) for reference only

Also available as

Hardback

Details

Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Table of Contents

I. Introduction
1. Financial Crisis and Excessive Risk
2. Business Decisions and Excessive Risk-Taking
3. Excessive Risk-Taking and Criminal Liability
4. Scope and Structure
II. England and Wales
1. Introduction and History
2. Protected Legal Interests
3. Main Offences
4. Inchoate Offences
5. Cooperation in the Commission of the Offence
6. Reasons for Excluding Criminal Liability
7. Offence of Reckless Misconduct in the Management of a Financial Institution
8. Solutions to the Five Cases
9. Conclusions
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