test
Search publications, data, projects and authors

Abstract

The multinational company is raising awareness and is at the heart of many debates : political, sociological, ecological, economic and legal. It constitutes a challenge for the lawyer and especially the penalist insofar as it is above all an economic fact, at first sight elusive for criminal law. Thus, its power and its capacity to supplant the States make this entity, a nebula for which the state regulation appears like wishful thinking. Indeed, the multinational company plays with states and their legal systems, through its structure and functioning, so that it is not subject to binding standards both at national and international level. Multinational company is the perfect expression of liberalism, an economic doctrine which advocates the absence of a state in companies. However, criminal law is essentially state-bound and sovereignist. Thus, one can legitimately wonder about the capacity of criminal law to apprehend the multinational company, to seize the delinquency resulting from its activities throughout the world, which often are accompanied by offenses of all types : human rights abuses, pollution, corruption, money laundering, etc. Seeking to make the multinational company criminally responsible therefore consists in daring to bring together two systemically opposed logics.The study aims at bringing out, first of all, the narrow nature of criminal law in the face of a multinational company. This does not fit well with the fundamental principles of criminal law, in particular territoriality, guilt and accountability. And even the sanction which nevertheless gives its letters of nobility to the criminal law seems to appear pale in the face of the delinquency of the multinational business, which does not lack resources to escape any trial and to annihilate all punishing inclinations, by self-regulating the means of the commitments issued by itself. In this case, the criminal law can only be satisfied with what the multinational company wants to leave it with. The research also aims to demonstrate, in a second step, that the criminal law is not totally unequipped in the face of the delinquency of the multinational business and that by showing flexibility and innovation, it can extend its influence to within this entity. Progress has been made and hope is emerging in this direction. This is the case, for example, with the adoption in France of Law No. 2016-1691 of December 9, 2016 relating to transparency, the fight against corruption and the modernization of economic life, which is unprecedented in what it imposes, for the first time in business life, a duty of vigilance on the ordering company. Likewise, a step towards collective responsibility, the consequences of which would be to take hold of the entire multinational enterprise, would also be saving and would allow criminal law not to invade economic life but to fulfill one of its aims, which is to protect values essentials of human society understood widely, whatever the field. This criminal law mission would also involve consecrating ecocide as an offense specific to the multinational enterprise.

...loading
Report a bug

Your Feedback

Please give us your feedback and help us make GoTriple better.
Fill in our satisfaction questionnaire and tell us what you like about GoTriple!