5.2.2 Conditions for the Application of Protection
5.2.2.a. Is it an equality group?
5.2.2.b. Is this selective enforcement?
5.2.2.c. The fairness of the proceeding in the test of all the circumstances
Finally, in the sixth chapter, I will summarize.
- The Theory of Organs and the Criminal Liability of the Corporation
The question of the criminal liability of corporations is a complex one that involves substantive considerations in both corporate and criminal law. These are complex questions of policy that relate to the role, powers, and responsibilities of corporations in society on the one hand, and the purposes of penal law on the other. Of course, this decision is not the place to deal with these complex questions. Theorists disagree on the question of whether imposing liability on the corporation advances the goals of criminal law, with deterrence and prevention of offenses at its core (regarding the criminal liability of corporations, see: Uriel Procaccia, New Corporate Law for Israel, 76-77 (1989, hereinafter: Procaccia, Corporate Law; Richard S. Gruner, Corporate Criminal Liability and Prevention (2004). See also: Yigal Sagi, "The Corporation's Criminal Liability in Light of the Partnership Law," Mishpatim I, 86, 88 (1968); Eliezer Lederman, "Models for Imposing Criminal Liability on Corporations, from Adaptation and Imitation to Attachment and Search for Self-Identity", in: Trends in Criminal Justice, 279, 291-292 (A. Lederman, ed., 2001, hereinafter: Lederman, Models of Liability); Eliezer Lederman, "Penal Law" in: The Yearbook of Israeli Law 5752-5753, 469, 511 (1994); Yuval Karniel, "Criminal Liability of Corporations," Shaarei Mishpat I, 335, 340 (1997-1998); Eliezer Lederman, "Criminal Liability of Organs and Other Senior Officers in a Corporation," Criminal 5, 101, 107 (1996, hereinafter: Lederman, Liability of Organs); Hadara Bar-Mor, Corporate Law, 85 (Vol. 3, 5769-2009, hereinafter: Bar-Mor, Corporations); Yechiel Bahat, Companies: The New Law and the Law, 257 (13th ed., 2015) and Prof. Yosef Gross, in his new and comprehensive book The Companies Law, 235 (Volume 1, Chapter 15: The Theory of Organs, Fifth Edition , 5777-2016, hereinafter: Gross, Companies Law).