However, it should be emphasized at this stage that most of the world's case law and literature relate to all types of companies and corporations alike with regard to the rights of corporations in general, and rights in criminal proceedings in particular. In my opinion, two main distinctions should be made in this regard. First, a distinction must be made between individual societies on the one hand, which are more similar to the human being, and giant international companies on the other. It is clear that interests and considerations vary accordingly (for the differences between the companies and the implications for the issue of corporate rights, see: Elizabeth Pollman, "Line Drawing in Corporate Rights Determinations," 65 DePaul L. Rev.( 2016) Available at:http://via.library.depaul.edu/law-review/vol65/iss2/12. When it comes to a sole proprietorship, it will be to recognize the rights of such a company that are given to its owners, and when it comes to giant companies, the considerations will change completely. On the one hand, shareholders are liable tobe harmed if the rights of the corporation are not preserved, on the other hand, the scope of their activity and their influence on the company as a whole requires the imposition of liability on them that cannot be avoided too easily. A second distinction should be made between commercial companies and non-profit companies, since it seems that fewer protections should be granted to a business company that commits offenses in order to increase its profits. Siemens is a large commercial company, whose alleged offenses were intended to promote its economic well-being.
In light of the above, and in light of the general concerns that I have raised regarding the granting of human rights to corporations, I will examine whether it is correct to grant the corporation the right to a fair trial, including the right to remain silent and the right to refrain from self-incrimination, and if so, to what extent.
4.2 The Right to a Due Process