Analysis of Corporate Criminal Liability in Uganda

ABSTRACT A company is one formed and registered under the companies Act cap no.l 2012 or an existing or a re-registered company under that Act. A corporation is therefore defined as a separate legal entity, an artificial person far from its shareholders that can sue or be sued in its own names. From the date of incorporation, the subscribers to the memorandum and all such other persons as may become members become a body corporate capable of exercising all the powers of an incorporated company with powers to own property, perpetual succession, and a common seal but with such liability on the part of the members to contribute to the assets in case of winding up. A crime is an illegal act or omission that is socially unacceptable in society. It worth noting that the principle of legality states that except for the contempt of the court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed by law. The question of contemplation is as to whether corporate entities can be criminally held liable and if so, to what extent has such liability been applied in Uganda particularly and within other common wealth jurisdictions as a whole. The researcher intended to portray an analysis of corporate criminal liability in Uganda, and more so took a look at other common wealth countries. The research contains the introduction, a brief back ground of corporate criminal liability, corporate personality and corporate criminal liability; The research further contains the development of corporate criminal liability, legal frame work governing it and its justification; And finally under chapter five, the researcher makes conclusive remarks and possible recommendations.