In the field of criminal law, whether a corporate is able to commit a crime has been controversial. With the development of economy, corporates, as an organizational body, whose invasion of the interests of generable public caused by violation of various laws, such as economic criminal law and environmental criminal law, has also been found frequently. This study is organized into 3 parts to investigate this issue. Part 1 indicates the problems faced by corporations as the subject of offense. In modern criminal laws where the liability basis is ”free will,” are corporations able to commit crimes and thus be subject to criminal penalties? Part 2 refers to the legislative trend of various countries in the European Union, and introduces the amendments to laws concerning corporate criminal liability in criminal law in France, as well as the development of criminal liability of criminals in Germany. The theories of ”organizational fault” and ”social responsibility” will be particularly introduced. In the end, this study intends to use theories of ”organizational fault” as the theoretical basis to establish the corporate criminal liability, as well as to make suggestions on expansion of types of criminal penalties, to achieve the objective of prevention of corporate crime.