Corporate offenders: is deterrence through imprisonment still relevant in meting out punishment to corporate offenders?

Abstract

Punishment of corporate individual offenders in South Africa is prescribed by the Criminal Law (Sentencing) Amendment Act 38 of 2007. The Act specifically stipulates a period of not less than 15 years imprisonment as a prescribed minimum sentence applicable in corporate offences committed by corporate individual offenders. This has seen the demise of the exercise of discretionary powers exercisable by the judges in consideration of an appropriate sentence. It has also become associated with an increase in the prison population, due to the exclusion of non-custodial sentencing upon determination of the sentence. This contribution will investigate the current trends in sentencing of corporate individual offenders in so far as it is inclined towards imprisonment. It will also look at the suitability of non-custodial sentencing as an alternative to imprisonment.