Criminal Liability of Managers in Europe: Punishing Excessive Risk

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Description

Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Author Bio

Stanislaw Tosza is an assistant professor at the Willem Pompe Institute for Criminal Law and Criminology and a postdoctoral researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University.