Corporate manslaughter is a criminal offense where the actions or inaction of a company lead to a persons death in some verifiable way. It is a crime in several jurisdictions, including England and Wales, Hong Kong, and the United Kingdom. The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6 April 2008. This act clarifies the criminal liabilities of companies, including large organizations, where serious failures in the management of health and safety result in a fatality.
Corporate manslaughter is a serious threat to organizations that fall short of safety requirements and any managers who may end up caught up in the legal fight. It is quite a subjective crime, being very dependent on how exactly the death came about and how the company in question mishandled the events leading up to it. Every case of manslaughter is different and will usually be subject to extensive legal analysis to determine culpability.
The following are some key points to note about corporate manslaughter:
- Corporate manslaughter is a criminal offense where the actions or inaction of a company lead to a persons death in some verifiable way.
- The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6 April 2008.
- Corporate manslaughter is quite a subjective crime, being very dependent on how exactly the death came about and how the company in question mishandled the events leading up to it.
- Every case of manslaughter is different and will usually be subject to extensive legal analysis to determine culpability.
- Prosecutions will be of the corporate body and not individuals, but the liability of directors, board members, or other individuals under health and safety law or general criminal law will be unaffected.
- The Act provides a number of specific exemptions that cover public policy decisions and the exercise of core public functions.
In summary, corporate manslaughter is a criminal offense that holds companies accountable for serious management failures resulting in a gross breach of a duty of care that leads to a persons death.
