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Corporate Manslaughter and Corporate Homicide Act 2007 : ウィキペディア英語版 | Corporate Manslaughter and Corporate Homicide Act 2007
The Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) is an Act of the Parliament of the United Kingdom that seeks to broaden the law on corporate manslaughter in the United Kingdom. The Act created a new offence respectively named corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland. The Act received the royal assent on 26 July 2007 and came into force on 6 April 2008. == Background == (詳細はEnglish law, a corporation is a juristic person and is capable of committing, and being convicted of and sentenced for, a criminal offence.〔Interpretation Act 1978, s. 5〕 However, some conceptual difficulty lies in fixing a corporation with the appropriate ''mens rea''.〔Herring (2004) ''p. ''720〕 Before the Act, a corporation could only be convicted of manslaughter if a single employee of the company committed all the elements of the offence and was of sufficient seniority to be seen as embodying the "mind" of the corporation.〔''Tesco Supermarkets Ltd v. Nattrass'' () AC 153〕〔''Attorney General's Reference (No. 2 of 1999)'' () QB 796, CA〕 The practical consequence of this was that such convictions were rare and there was public discontent where it was perceived that culpable corporations had escaped censure and punishment.〔 A Corporate Manslaughter and Corporate Homicide Bill was introduced to the House of Commons by Home Secretary John Reid on 20 July 2006.
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