Corporate Crime: History, Evolution, Application of Men’s Rea, and Nexus to Transnational Crime

Abstract

Corporate crime has emerged as a central concern in contemporary criminal jurisprudence, reflecting the growing economic power and complex organizational structures of modern corporations. This study examines the historical development, doctrinal evolution, and theoretical foundations of corporate criminal liability, with particular emphasis on the application of mens rea and its intersection with transnational crime. It traces the transition from the classical common law position, which denied the possibility of corporate criminality, to modern approaches that recognize corporations as capable of committing offences through mechanisms such as vicarious liability, the identification doctrine, and corporate culture models. The paper critically interrogates the conceptual and practical challenges of attributing mens rea, traditionally understood as a subjective mental element, to artificial legal persons. It evaluates competing theories of liability, highlighting their strengths and limitations in addressing the realities of large, decentralized corporate entities. Furthermore, the study explores the increasing globalization of corporate activity and its facilitation of transnational crimes, including money laundering, corruption, environmental violations, and illicit financial flows. It underscores how corporate structures and cross-border operations complicate enforcement, weaken regulatory oversight, and enable jurisdictional arbitrage. By situating corporate criminality within a transnational framework, the paper demonstrates the need for enhanced international cooperation, robust compliance mechanisms, and adaptive legal doctrines capable of addressing evolving forms of corporate misconduct. The study concludes that while significant progress has been made in recognizing and regulating corporate crime, persistent gaps in attribution, enforcement, and accountability continue to challenge both domestic and international legal systems.

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