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Criminal Case (Tel Aviv) 59453-07-19 State of Israel v. Avi Motula - part 30

July 22, 2020
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Another type of punishment for corporations, which exists in the United States, for example, is the obligation to act in the public interest, which is equivalent to serving the public benefit (see Jennifer Arlen, "Removing Prosecutors from the Boardroom: Limiting Prosecutorial Discretion to Impose Structural Reforms", in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct 62 (Anthony Barkow and Rachel Barkow, eds., 2011)., the author believes that as a way of punishing corporations, the focus should be on contributing to the community and not on organizational change in the corporation, since, according to her, the plaintiffs are not experts in these matters and should be left to corporate law.  See also in this regard: Kremnitzer and Ghanaim, Corporate Liability, at p. 76, supra note 201-200and the references therein).  Thus, for example, in the United States, the Federal Sentencing Guidelines establish guidelines regarding the punishment of corporations in a separate chapter (Chapter 8) that regulates the conditions under which a probation order or actions may be imposed on a corporation (see https://www.ussc.gov/guidelines/2015-guidelines-manual/2015-chapter-8.  For an analysis of this chapter and the possibilities given there for punishing corporations, see: William Robert Thomas, How and Why Should the Criminal Law Punish Corporations? A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Philosophy) in the University of Michigan, 160 (2015).

Indeed, there is a great deal of academic writing on these questions of effective punishments in punishing corporations (see: Sylvia Rich, "Corporate Criminals and Punishment Theory", 29 Can.  J.  L. & Jur.  97 (2016); Gabriel Halevi, Theory of Penal Law, vol. 2, 935 (2009) and vols. 3, 852, 855-857 (2010), in the framework of the discussion, there is a reference to punishment, which includes control, supervision, and compliance programs under the supervision of controllers appointed by the state.

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