Bar Exam Toolbox Podcast Episode 218: Listen and Learn -- Intent Under the Model Penal Code (Criminal Law)
China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came...more
Given the widespread use of “benefit” to calculate penalties across the corporate landscape, a new Australian High Court decision could have a significant impact on all corporations and directors that face civil or criminal...more
The High Court of Australia has reserved judgment in an appeal considering how to determine the value of a corporation’s “benefit” derived from foreign bribery, for the purpose of setting the maximum penalty for the offence....more
In recent years, the U.S. Supreme Court has narrowed the scope of various federal criminal fraud statutes. For example, in McDonnell v. United States, the Court overturned the honest services fraud conviction of the former...more
The Superior Court of Québec recently published its reasons1 approving Canada’s first remediation agreement under the Criminal Code, which is Canada’s version of a deferred prosecution agreement (DPA). In his reasons, the...more
Federal prosecutors enjoy flipping through the United States Criminal Code, 18 U.S.C. §§ 1 et seq., to pick out tools to charge defendants. Over the last ten years, DOJ’s reliance on criminal charges in FCPA cases has...more
On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more
The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more
In order to implement the relevant Constitutional Court decisions and EU Directives, a reform of the Romanian criminal codes is required....more
There is no universal definition of corruption. Frankly, the term can be narrowly defined to focus on bribery or it can be given a wider application, extending to abuse of power. Transparency International defines...more
In this six-part series on corporate and financial crimes, the Blakes Business Crimes, Investigations & Compliance group outlines basic principles of criminal and quasi-criminal law that may arise in the running of a...more
Last week’s acquittal of Senator Mike Duffy on fraud, corruption and bribery offences shows Ontario courts will not find “corrupt” intent lightly. The decision underscores the importance of subjective criminal intent in...more
As of July 1 of this year, Spain becomes the latest in a string of nations with a corporate compliance defense. Article 33 of Spain’s criminal code will provide an exemption from corporate criminal liability where the company...more