For the purposes of criminal law, who can commit a crime?

For the purposes of criminal law, who can commit a crime

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At common-law there are a number of different legal persons who are capable of committing crimes. However this question can become fuzzy when applied to the business world. And, more children under the age of seven were considered incapable of committing crimes, because they were presumed to be unable to form the necessary criminal intent. This age has now been raised by statute to age 10. From age 10 to 14 a child can be convicted of a crime only if, in addition to proof of the necessary intent, the prosecution can show that the child knew that the act in question was wrong. This requirement is usually satisfied by the prosecution giving evidence that the child admitted knowing that the act was wrong. This is good evidence that children from as young as six can make reliable witnesses in court.

However, the question becomes more complicated when applied to Corporation. Corporations can present problems to the criminal law because as legal persons they do not have a physical body which can go to court, stand in the dock will be jailed, and as was thought the many years in mind that conform necessary criminal intent. In Australia, the physical and mental elements of corporate criminal liability which are relevant to all corporate offences are set out in the criminal code prevents is against Commonwealth laws. The criminal code says that it applies to bodies corporate in the same way as it applies to individuals. Also, physical elements an agency principles determine that if a physical element of offences committed by an employee, agent or officer or body corporate acting within the actual or apparent scope of his or her employment, or within whose high actual or apparent authority, the physical element must also be attributed to the body corporate. For fault elements other than negligence, the code says that if intention, knowledge or recklessness is a fault element in relation to a physical element of an offence, that fourth element must be attributed to a body corporate that expressly, tacitly or impliedly authorised or permitted the commission of the offence. In relation to negligence, a body corporate may be negligent choo-choo inadequate corporate management, control or supervision.

Corporations can also be criminally liable if they make a mistake of fact. This is because sometimes a body corporate can rely on the state fact in the case of offences of strict liability if there is evidence that it exercise due diligence to prevent the conduct by reference to adequate corporate management, control or supervision. Furthermore, a body corporate cannot rely on intervening conduct or an event by another person if the other person is its employee, agent or officer. Procedural difficulties concerning corporations now overcome by statutes which provided a corporation can be represented in court by to representative many a person appointed by the Corporation represented, and there is authority that a person in the criminal law includes a company.

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