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No, the company should be civilly liable, the individuals have criminal liabilities. Alternatively, who is going to jail if a company is found guilty of a crim
by olliej 3y ago
No, the company should be civilly liable, the individuals have criminal liabilities.
Alternatively, who is going to jail if a company is found guilty of a crime that requires jail time, if not the executives and board of directors? Again by the specific claims used to justify executive compensation, they're responsible.
The result of companies being criminally liable, and individuals being civilly liable, is that no one is criminally liable, the executives running the company just have to pay fines, that the company will then cover, either directly due to contractual indemnification, or by golden parachutes and similar.
If a company's executives are running the company properly (1) should be caught before production starts, failing to do so is the result of executive decisions: if an executive chooses to not adequately fund safety and QA tests, that isn't the fault of the designers and engineers. If issues start coming in after the product is on the market, it is the decision of the company executives to halt production, to re-do the safety analysis, or - as in this case - withhold any information and pretend there's no problem.