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Corporate Crime and the Criminal Liability of Corporate Entities (From UNAFEI Resource Material Series No. 76, P 66-72, 2008, Grace Lord, ed. See NCJ-229030)

NCJ Number
McSyd Hubert Chalunda
Date Published
December 2008
7 pages
This paper explains and analyzes the current situation, problems, and challenges in the investigation, prosecution, and trial of those accused of corporate crime in Malawi.
In discussing criminal liability and corporate criminalization in Malawi, the paper focuses on the liability of legal persons, which involves the criminal liability of corporate entities and the legal framework of criminal, civil, and administrative sanctions. This is followed by an overview of the current situation regarding some corporate crimes in Malawi, specifically money laundering, terrorist financing, tax evasion, securities offenses, and fraud. The section on investigations addresses specialized investigative authorities and training methods, cooperation between investigative authorities, the acquisition of information on corporate crime, material and electronic evidence, and obtaining statement evidence. The explanation of prosecution in Malawi focuses on mitigating punishment of an accused person, granting immunity to cooperating persons, and considerations in the prosecution of a corporate entity. The section on trial and adjudication focuses on the disclosure of evidence, the clarification of disputes before trial, effective methods of fact finding, and the sentencing process. The concluding section discusses the importance of Malawi's international cooperation in addressing the problems and challenges in investigations, prosecution, and trials that involve corporate crime, obtaining and providing mutual legal assistance, and conducting joint investigations with other countries. The paper notes that with advances in technology that have made it easier for some corporate entities to commit crime, it is important that the investigative and prosecution authorities throughout the world cooperate in identifying, investigating, and sanctioning corporate entities involved in crime.