Yrityskulttuuri ja yhtiön rikosoikeudellinen vastuu
Avainsanat:
Rikosoikeus, Oikeushenkilön rangaistusvastuu, YritysvastuuAbstrakti
Corporate culture vis-à-vis corporate criminal liability
Solid empirical evidence suggests that corporate culture has a significant role in explaining corporate crime and other organisational misconduct. The article analyses corporate culture in the context of the Finnish corporate criminal liability regime. This novel, doctrinally motivated approach to corporate culture shows which cultural factors are relevant in avoiding criminal liability in organisational settings. The analysis draws on empirical evidence on individual decision-making and considers how relevant social environments affect decision- making. As described in the article, human beings as social animals are significantly influenced by the ethical climate of a workplace when considering what type of behaviour is rational and appropriate. The author demonstrates that even though weak corporate culture does not, as such, lead to criminal liability, negligent corporate behaviour is often a result of cultural failures, while a functioning mechanism to remedy such holding a managerial position.
