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CORPORATE KILLING: CROWN BODIES AND UNINCORPORATED ASSOCIATIONS

CORPORATE KILLING: CROWN BODIES AND UNINCORPORATED ASSOCIATIONS. Murray Hunt. PART I: OUTLINE. Right to Life Principles under the ECHR Compatibility of Current Law with ECHR Convention implications of restricting scope of new offence of Corporate Killing. ARTICLE 2(1) ECHR.

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CORPORATE KILLING: CROWN BODIES AND UNINCORPORATED ASSOCIATIONS

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  1. CORPORATE KILLING: CROWN BODIES AND UNINCORPORATED ASSOCIATIONS Murray Hunt

  2. PART I: OUTLINE • Right to Life Principles under the ECHR • Compatibility of Current Law with ECHR • Convention implications of restricting scope of new offence of Corporate Killing

  3. ARTICLE 2(1) ECHR • “Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of acourt following his conviction of a crime for which this penalty is provided by law.”

  4. THREE OBLIGATIONS • Negative duty not to take life • Positive duty to take reasonable steps to safeguard life • Procedural duty to investigate

  5. BASIC PRINCIPLES • Criminal liability required for serious violations of Article 2 • Defences to criminal liability may give rise to violations • Criminal law must protect against other individuals • Vulnerability of victim relevant

  6. THE PROCEDURAL OBLIGATION • Objective • Minimum requirements • Family involvement

  7. COMPATIBILITY OF CURRENT LAW • Gross negligence manslaughter • Principle of attribution • Crown Immunity

  8. POSSIBLE RESTRICTIONS ON SCOPE OF NEW OFFENCE • Crown Immunity • Unincorporated Associations • Organisations not covered

  9. POTENTIAL CONVENTION PROBLEMS • Article 2 • Article 13 • Article 14

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