Criminal law protection of human health in the context of corporate crime

Stevanović, Aleksandar (2025) Criminal law protection of human health in the context of corporate crime. In: The right to health. Belgrade: Institute of Criminological and Sociological Research; Novi Sad: Bar Association of Vojvodina; Branch of Serbian Academy of Sciences and Arts in Novi Sad, pp. 203-229. ISBN 978-86-905844-4-4

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Abstract

This paper examines the criminal law response directed at companies whose activities endanger human health, aiming to shed light on the problem of severe and widespread health impairments beyond the traditional approach, which typically considers health violations as a consequence of so-called conventional crime. The analysis is grounded in the normatively established premise that health is not merely a biological or medical category, but also a social one, whereby the endangerment of human health is considered in the context of socio-economic factors arising from (il)legal and unethical corporate conduct. The mechanisms of criminal law response, in terms of their adequacy, are analyzed within the de lege lata framework, with particular reference to the Republic of Serbia, while also highlighting certain important comparative solutions. To structure the discussion appropriately, the analysis is divided into three main areas in which, based on existing research, health endangerment by companies has most frequently and intensively manifested, whether through breaches of relevant regulations or the application of unethical practices. These areas concern the negative impacts on human health related to the marketing and distribution of harmful substances and products in the food and pharmaceutical industries, environmental crime, and violations of occupational health and safety regulations. Within these domains, the paper identifies typical corporate practices that lead to adverse health outcomes, drawing on numerous cases from domestic and comparative jurisprudence. Prior to this discussion, the concept of “corporate crime” is elaborated. Finally, the study presents a criminological analysis of the topic, highlighting both the phenomenological and victimological characteristics of the crime under consideration.

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