Question

One of the arguments for applying criminal sanctions for business misconduct is to get the attention of corporations with fines and bad publicity. Another reason is to make those who might hide under the guise of bureaucracy more accountable. Is increasing criminalization of business misconduct a good idea or a bad idea?

Answer 1

In my view, increasing criminalization of business misconduct is a bad idea. Alternatively, I may say, overcriminalization is terrible for the health of business conduct.

There are various reasons I can say so.

Firstly, when we are performing our juries at the time of business misconduct and criminalization, those companies can afford to spend much money on winning the sentences in the panel either by book or crook. As a result, they get rid of all of the allegations. They repeat it because they know they can afford to "buy" the jury. As a result, the criminalization increases corruption in society and promotes using wrongful methods to eliminate factual allegations.

Those small companies who can not afford to do so have to suffer losses, financially as well as regarding their reputation.

There are various instances when the law mistakenly put allegations on the wrong company because of overcriminalization, which is innocent.

That reliable company has to suffer losses in terms of its brand image and suffer without any mistake.

Moreover, many companies are innocent but have to suffer all the penalties and other consequences because they do not have even resources, and they do not stand a chance in front of the jury.

Thus, criminalization is a bad idea.