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On June 15, 2023, the UK Government announced proposals to introduce the biggest reform of corporate crime legislation in more than 50 years, with the result that, if enacted into law, companies who commit fraud, money laundering and bribery will be subject to greater scrutiny and be at greater risk of being successfully prosecuted.

The Identification Principle

In a previous blog post called “ The Elusive “Directing Mind and Will ”, we discussed that, save where specific legislation provides for strict liability (such as the offences of bribery and the facilitation of tax evasion under the UKBribery Act 2010 and Criminal Finances Act 2017, respectively), in order to establish corporate criminal liability in the UK, it is necessary to successfully invoke the “identification principle”. 

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