6.2.2.b. The Effectiveness of Rehabilitation in the Case of a Corporation
The effectiveness of rehabilitation in the case of a corporation is greater. The corporation is a legal entity that remains as such, but unlike a human being, it can completely change its "personality" in the sense that it is possible to replace all the managers who have gone astray, as was done in the case before me, and to implement compliance, control and enforcement procedures that will prevent the commission of offenses. In the case before me, the shareholders also changed, and the company cooperated, and in fact, they were the ones who contacted the law enforcement authorities.
In this regard, Weinschker and Shapira, Conviction of Corporations, noted at p. 68 that:
"The corporation does not have a rehabilitative nature, and the conduct of the corporation depends on the behavior of its officers, its policies, its resources, etc., and these may change... Restoring the corporation's policies and restoring its corporate culture can be considered the rehabilitation of the corporation. The organizational culture of a corporation is the basis of cohesion in the corporation and it is what turns the officials who operate the bureaucratic mechanisms, are influenced by the internal corporate hierarchy, and are rooted in different statuses within it, into a whole that can be considered, socially, as a single unit."
And they added on page 71:
"Rehabilitating the corporation is a more effective alternative than convicting him. Although the rehabilitation of a corporation is not the same as the rehabilitation of a person, the purpose of its rehabilitation is the same: that it will not commit additional criminal offenses. The purpose of rehabilitation with respect to the corporation is on the one hand to ensure that the corporation does not commit offenses again in the future, and on the other hand, to bring it to raise some kind of contribution to the company by performing positive actions that are similar in essence to voluntary activities... Sometimes the corporation's non-conviction and its rehabilitation are therefore more effective in preventing offenses in the future."