Wirecard CEO has been arrested since 2020, will probably sit for another 10 years.
The question this is this one person (or small group) operating against their instructions, or is it the CEO encouraging people to cheat? That can be a hard question, but we want CEOs to think if I do "enough" (whatever that is) to ensure we obey the law I'm okay and thus I want to ensure enough is done. There are always crooks in the world, we want to ensure they are not encourged. If the CEO is always at fault their thought is likely to go to how can I ensure that tracks are covered so they nobody can be convicted.
Whether he knew or nit is a matter for courst, but in any case he is responsible too. Punish crooks harsh and visibly, reward honesty and good engineering massively and also visibly and company as a whole will act accordingly. We dont talk about a single guy hacking some firmware build, but a well known company culture.
Or the politicians who wrote into law to able to use such a cheating device?
That would be 5 CEO's plus at least 2 german politicians, plus 20 more politicians in all other countries which selected this cheating EU standard.
Bosh's software is tunable to silly extents to avoid expensive vehicle testing as testing is tied to binaries due to bad processes.
You can more or less make a different program by changing 'parameters'.
I really think it might be unfortunate if this would extend into a crusade versus general computing.
Sending A Letter To The PM | Yes Minister | BBC Comedy Greats
It differs in that mens rea is the legal concept of a culpable state of mind, and negligence is one example. More fully, a crime is generally defined by a prohibited act (actua reus) and a wrongful state of mind (mens rea), though there are strict liability crimes with no mens rea required.
For, say, murder (in common law, specific statutory schemes may diverge from this somewhat), the actus reus is homicide, and the mens rea is “malice aforethought”.
While “malice aforethought” is sui generis and seen only in murder, the common kinds of mens rea used in defining crimes, in descending order of the severity with which they are usually treated, are intent, recklessness, and negligence. (The same mental states are relevant in tort liability, though strict liability in tort is more common, and the civil and criminal definitions of negligence, particularly, are somewhat different.)