CORPORATE CRIMINAL LIABILITY FOR CORPORATE KILLING IN MALAYSIA

Author(s):

Eunice Yeoh Yi Ching

The overwhelming majority of corporate killing cases in Malaysia have attracted no criminal justice attention. Are corporations free to kill? Unrestricted corporate power generates immeasurable social damage. What can be done to curtail the reckless, negligent, and immoral practices by these corporations? While legislative and regulatory mechanisms currently exist, they are simply insufficient and ill-fitting. This paper focuses on criminal liability for manslaughter arising out of work-related deaths caused by corporations, referred to as corporate killing. Specifically examining fatal accident cases in the Malaysian construction industry, the author seeks to assess the possible application of corporate killing in Malaysia. Ultimately, this paper argues that Malaysia should incorporate corporate killing legislation to pave the way for more accurate, effective, and fair prosecutions of corporations for their acts of killing.

Abstract

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Corporate Killing, OSHA 1994, Corporate Criminal Liability, Workplace Deaths,
Construction Industry