Following an analysis of key colonial accusers, Chapter six focuses attention on the target of Alberta’s performances at theatres of accusation: criminally accused individuals. It reveals a politics through which accused subjects were formed at police-guided accusatory theatres – including information gathering, arrest, and examination. These theatres required targeted subjects to perform roles, under the threat of force, as law’s accused persons. Referring to three paradigmatic examples, the discussion centres on how colonial law recognized criminally culpable individuals. Underscoring individually based accusations, this law moulded accused personas through at least two key techniques. First, its justices transcribed what could be legally ‘heard’ and translated complex relations into idioms of law – thereby attributing degrees of culpability for crimes to accused individuals and deflecting attention away from conflict-generating social structures. Secondly, the theatres managed avowals of legal truth, thus subtly promoting obedience to colonial law and thence settler social order.

Chapter 9 examines the increasing number of cases involving allegations of crimes by commercial actors in situations of armed conflict, in particular under domestic criminal statutes. The chapter examines various forms of liability to understand the nature of this turn to corporate criminal liability for certain activities associated with war economies.

The present chapter focuses on the day fine model in Portugal. Based on an analysis of the historical development, the legal framework, the practical implementation and the public perception of the Portuguese day fines system, as well as of its constitutionality challenges, we conclude that, for the past two decades and although several other alternatives to imprisonment can be imposed, the day fine became the most frequently applied criminal sanction in Portugal, both as a primary and a substitutive penalty. We argue, however, that, in spite of the legal fairness of the adopted day fines regime and of the general level of acceptance of the day fine among the Portuguese courts and academic literature, the day fine has prima facie a retributive quality and, because of its maximum limits, hasn’t proved preventively adequate in the most economically lucrative offences (financial, environmental or political criminality), related to the offender’s cost-benefit equation. Furthermore, the subsidiary liability of corporate leaders for the fines imposed on legal persons raises difficult constitutionality issues.