Criminal liability

Other Titles - The Clean Air Act Amendments of 1990 continue the federal acid rain research program and contain several provisions relating to research, development and air monitoring. They also contain provisions to provide additional unemployment benefits through the Job Training Partnership Act to workers laid off as a consequence of compliance with the Clean Air Act. The Act also contains provisions to improve visibility near National Parks and other parts of the country. Strict enforcement of the Clean Air Act Amendments is the driving force behind pollution abatement. Non-compliance is simply not an option, since there are both financial and criminal liabilities that outweigh any benefits derived from a business. 

In international law, as in domestic law, criminal liability requires two essential elements — action and state-of-mind. This court is being called upon to enforce the doctrine of international penal law — bom centuries ago, accepted by all major nations after the first World War, and first judicially applied by the International Military Tribunal — that the deliberate planning and waging of aggressive war is a crime. 

Many adhesives- and sealants-related activities present significant process safety risks. These activities include chemical processing, material manufacturing welding and hazardous materials transportation. When accidents occur in connection with these or other activities, individuals and employers are exposed to potential civil and criminal liabilities. 

Article 83.7 makes it clear that the fact that an opinion has been obtained from the committee will not affect the civil or criminal liability of a manufacturer or an applicant. 

This is an extremely harsh statute. As a practical matter, FDA exercises its prosecutorial discretion only to bring cases for continuing violations of law, violations of an obvious and flagrant nature, and intentionally false or fraudulent violations. Although there have been attempts to change the criminal liability standard under the FD C Act by legislation, none has so far been successful. 

This Directive is without prejudice to the civil and criminal liability of the sponsor or the investigator. To this end, the sponsor or a legal representative of the sponsor must be established in the Community. 

The courts have grappled with how to apply the mens rea and actus reus requirements to defendants who are asleep or unconscious. The criminal law reveals two main categories of cases related to sleep deprivation. The first involves a situation where the act of falling asleep or losing consciousness causes harm, as in the case of a sleepy driver. The other concerns a person who, while asleep or unconscious, performs an act that causes harm, as in the case of a person who, while asleep, kills his roommate. Before discussing these categories in detail, we review the two essential elements of criminal liability and how they relate to sleep deprivation. 

In deciding whether to impose liability in respect of earlier choices made by the defendant, the courts will take into account a number of factors. The greater the risk of injury to others and the smaller the burden on the defendant to make less risky choices—the more a court will be inclined to impose criminal liability. In the case of intoxicated individuals, the risk analysis is clear. The risk of... 

Some environmental and worker safety laws carry not only corporate or civil but also personal criminal liability. Usually this applies only in extreme cases of willful neglect or intentional falsification of records, but it is there to put some teeth into the laws. These penalties are usually reserved for top-management levels but could apply to a rank-and-file worker if it was determined that he or she deliberately did not follow a clear procedure and that there was an intent to enforce penalties for not following the procedure. In other words, if it is management s intent to look the other way in the case of employee misconduct, then management, not the employee, is at fault and is therefore liable. 

In those countries that had rescinded the tradition by which a commanding officer s orders exempted a subordinate from punishment, a return to the earlier principles was soon demanded. For example, in its verdict of June 29, 1951, against Lippert and others,126 the Belgian court-martial in Ltittich rejected the criminal liability of the accused because these had acted under orders. The Brussels court-martial came to a similar decision on March 9, 1951, in its verdict against General von Falkenhausen.127... 

As a result, the Nuremberg court s attempts to revise the general principles failed. Therefore, under international law, orders issued by a responsible superior on principle preclude criminal liability on the part of the subordinate obeying the orders the superior giving the orders is criminally liable for their implementation. 

Appraisal of criminal liability (e.g., defendants under psychotropic medications) ... 

Kowal SM. Gorporate compliance programs a shield against criminal liability. Food Drug L.. 1998 53 517-526. 

Credits in bookkeeping, 143-144 Criminal liability, 263 Critical path method (CPM), 18, 407-408 Crushing and grinding equipment, cost of, 562-566... 

Process safety incidents can lead to disruption of production operations that may last hours, days, weeks, or even years. Incidents that Define Process Safety is replete with examples of fires, explosions, and releases that have had a significant impact on the chemical and refining industries approaches to modem process safety (CCPS, 2008a). Severe incidents can lead to significant loss of life, destruction of property, and damage to the environment and surrounding infrastructure as well as regulatory and financial costs, civil and criminal liabilities, and even threats to the enterprise s survival (CCPS, 2006). For example ... 

Scope of Potential Environmental Tort Criminal Liability... 

Liability exposure to individual officers or employees has expanded the scope of criminal liability and responsibility for not only the actions of individuals but also their respective corporate employers. In the first conviction for the newly created Multi-Agency Environmental Task Force in the US District Court for the Eastern District of Michigan, the owner of an environmental laboratory pled guilty to mailing falsified environmental test results and bills for tests his company never performed. Jerry Martin, owner of Martin Environmental... 

In a case that further widened the scope of environmental criminal liability the court concluded that a defendant did not have to know that his conduct violated the law to be held criminally liable. On September 16, 1998, the US Court of Appeals for the Sixth Circuit upheld a trial court s conviction of a Louisville, Kentucky paint manufacturer and its vice president for violations of RCRA for the illegal storage and disposal of hazardous waste materials. The court found that government prosecutors were not required to prove that the paint manufacturers and its vice president knew that materials stored or dumped at its facility were hazardous substances or... 

Prescribers must be careful in prescribing controlled substances it has been held that a licensed physician who prescribes controlled substances outside the bounds of professional medical practice is no different from a drug pusher subject to prosecution under the Controlled Substances Act. (21 U.S.C.S. 841[a][l]). Criminal liability may extend to the prescribing of controlled substances. 

Federal Criminal Liability of Licensed Phy.sician for Unlawfully Prescribing or Dispensing controlled substance or drug in violation of the Controlled Substances Act (21 U.S.C.S. 80I et. seq). 33ALR Fed 220. 

The Directive came into force on its 2001 publication date, reaffirms that sponsors and investigators have without prejudice civil and criminal liabilities the sponsor must be... 

Criminal liability for improper disposal of hazardous waste. Responsibilities of waste generators, companies, and individuals. 

Infractions of the standards and specifications relative to product quality shall be punished by the Institute in accordance with Volume IX of the Health Code, the civil and criminal liabilities to which these may give rise notwithstanding. 

It is recommended that unauthorized manufacture should not btj criminal offense unless it is done with purpose to sell or otherwl dispose of a controlled drug. Illicit manufacturers usually manufactu depressant or stimulant drugs" to distribute them. However, so controlled drugs may be made on a small scale for personal use. Thus is possible that some individuals may be making LSD solely for th own use. Many of the same reasons which support the exemption persons who without authorization possess controlled drugs solely fi their own use from criminal liabifity also support their exempt from criminal liability for unauthorized manufacture. Even more th possession, unauthorized manufacture is an offense preparatory... 

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