Chapter 10 tutorial

1. Liability of legal persons is many instances governed by the civil law. Provide the main
difference between law of delict and the criminal law.

2. Indicate which liability does form part of the criminal law and motivate the extent to
which it is applicable.

3.1 Discuss whether a company/legal person may be held criminally liable where a company
releases poisonous toxins in a dam or causes excessive pollution.
3.2 Do you think there is a place for corporate criminal liability in criminal law or should it
be governed by the civil law (law of delict)? Motivate your answer.
3.3 What is the relevance of section 322 of the Criminal Procedure Act? (brief answer).
3.4 What is the purpose of sentencing and how is it applied in respect of a conviction based
on corporate liability as the legal person is punished.