models of attribution

02:41 Apr 4, 2023 

Some of the people in the company are mere servants and agents who are nothing more than the hand to do the work and cannot be said to represent the mind and will. Others are directors and managers who represent the directing mind and will of the company, and control what it does. The state of mind of these managers is the state of mind of the company and is treated by the law as such."
I hope this gives you the idea.

An attribution test to reflect corporate reality would be a test (evaluation) to decide whether liability can be extended to a defendant who did not actually commit the criminal act, so if an employee has actually committed the criminal act, could the company be held liable?
Vicarious liability is the legal responsibility the supervising or authoritative party has to take for the mistakes or crimes committed by their subordinates.
This is different from strict liability, which is an unescapable legal liability, which the authorities impose in situations where the mistakes or crimes are hazardous, and the law punishes the one responsible, even if there was no criminal intent.

02:34 Apr 4, 2023 

A test in this sense is an evaluation to resolve a question in legal proceedings. This evaluation is based on commonly used deciding factors and sometimes based on past court judgments which clarified the law and established principles (which are known as ‘test cases’). To give an example, when courts have to determine which law should apply to a particular dispute or issue, their evaluation (test) will be based on factors such as nationality, domicile, and habitual residence.
A ‘traditional’ test will be one that is traditionally (customarily or typically) used. Here, it considers whether a corporate entity can only be prosecuted if an individual (who is being prosecuted for a crime) is considered to be a "controlling mind" or a "directing mind and will" of the company.
The test for this was set out in the case of HL Bolton (Engineering) Co Ltd v TJ Grahams & Sons Ltd. This stated the following: "A company may in many ways be likened to a human body. It has a brain and nerve centre which controls what it does. It also has hands which hold the tools and act in accordance with directions from the centre.

01:46 Mar 31, 2023 

The basis of attribution being claimed
Attribution test to reflect corporate reality
The attribution test is strict liability and set out Article х: liability may be imposed on companies when the criminal conduct is undertaken by company’s managers on the company’s behalf and in pursuit of its interests.
However, there is no imputation or attribution of the crime itself.
The attribution test is strict liability and set out Article х:t liability may be imposed on companies when the criminal conduct is undertaken by company’s managers on the company’s behalf and in pursuit of its interests.

01:40 Mar 31, 2023 

отнесение крим. деяние к

01:27 Mar 31, 2023 

внесение? может