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Article
Publication date: 3 May 2023

Bhavna Mahadew

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is…

Abstract

Purpose

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is therefore to provide a critical overview of the existing framework on CCL in Mauritius with the aim of underlining its deficiencies and lacunas. As a consequence, an attempt is made to compare the Mauritian model with the French one, so that salient features and characteristics of the French model of CCL can be borrowed into the Mauritian legal framework.

Design/methodology/approach

This paper adopts the black-letter approach and the comparative research methodology. The legislative framework of Mauritius on CCL will be compared to the related laws of France with the goal of drawing lessons and inspirations for Mauritius, given that the French model of CCL is well established and highly effective.

Findings

The mandatory application of the identification principle in CCL, inspired from the British common law, is a serious impediment towards successful criminal prosecution of companies responsible for criminal offences. In addition, the lack of clear legal provisions on substantive and procedural aspects of CCL is a matter of concern and demonstrates the dire need for legal amendments and action from the legislator as the paper discusses.

Originality/value

To the best of the author’s knowledge, this paper will be among the very first one tackling this area of law from a comparative perspective. The issue of CCL has indeed receive very little academic attention and this paper will help in filling the literature gap on this matter. It will also help future research on the matter for students, academics and corporate law practitioners.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 8 December 2023

Jamil Ddamulira Mujuzi

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…

Abstract

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

Details

Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

Keywords

Article
Publication date: 28 July 2023

Catherine Garrington, Sally Fiona Kelty, Debra Rickwood and Douglas Boer

There are limited risk assessment tools validated for use with the internet child abuse material (I/CAM) offender cohort. Developed through a multi-stage process, the purpose of…

Abstract

Purpose

There are limited risk assessment tools validated for use with the internet child abuse material (I/CAM) offender cohort. Developed through a multi-stage process, the purpose of this paper is to present the “Estimated Risk for Internet Child Sexual Offending” (ERICSO), a new tool for I/CAM offender assessment, including demographic, collection, nature of engagement and social domains, plus a structured professional judgement section. Validation studies remain ongoing.

Design/methodology/approach

This paper presents a case series analysis of six Australian men, including two Aboriginal men, convicted of I/CAM offences to pilot proposed ERICSO domains and commence validation against the short self-esteem scale, University of California Los Angles loneliness scale, internet sex screening test and the sexual violence risk-20 V2.

Findings

Participants of all ages generally reported histories of mental health diagnosis and/or treatment and substance abuse. Two participants reported prior sexual offending, one for I/CAM offences. Participants expressed sexual preferences for female child victims and were convicted of possessing thousands of I/CAM files. Two participants reported accessing I/CAM for over six and 10 years, respectively, before detection by law enforcement.

Practical implications

Preliminary implications indicate ERICSO higher scores are consistent with I/CAM offenders having more online sexual behaviour diversity and more areas of risk/treatment need. For example, participants with problematic self-esteem and loneliness in our data set have higher ERICSO scores. Social connectedness may be a relevant factor though definitive conclusions cannot be drawn from the small sample size.

Originality/value

The ERICSO presents novel assessment of factors in considering treatment targets in addressing both illegal I/CAM and problematic legal sexual behaviours.

Details

The Journal of Forensic Practice, vol. 25 no. 4
Type: Research Article
ISSN: 2050-8794

Keywords

Article
Publication date: 13 October 2022

Ping He

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Abstract

Purpose

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Design/methodology/approach

This paper introduces the international and domestic background of the criminalization of self-money laundering, demonstrates the theoretical basis and practical significance of the changes of Article 191 in the 11th amendment to the criminal law and puts forward solutions to some controversial issues in judicial practice.

Findings

The 11th amendment to the Criminal Law, which came into force in March 2021, criminalizes self-money laundering under Article 191 and has brought an impact on the traditional theory of criminal law. There are no similar amendments to the other two crimes, namely, Article 312 and Article 349, which lead to some confusion in the judicial practice, especially in the understanding of the number of crimes, and the meaning of proceeds of crime. This paper puts forward solutions to some controversial issues in judicial practice.

Originality/value

This paper introduces the criminalization of self-money laundering in the 11th amendment to the criminal law in China, presents a comprehensive description of and comments on the difference between the Article 191 and its similar articles, namely, Article 312 and Article 349, to make a well understanding in the application of law in judicial practice, which would be beneficial to theoretical researchers and judicial professionals.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 10 February 2023

Deen Kemsley, Sean A. Kemsley and Frank T. Morgan

The purpose of this study is to determine whether income tax evasion also constitutes money laundering if Financial Action Task Force (FATF) Recommendations are strictly applied…

Abstract

Purpose

The purpose of this study is to determine whether income tax evasion also constitutes money laundering if Financial Action Task Force (FATF) Recommendations are strictly applied, including cases where an offender evades tax on lawful income.

Design/methodology/approach

Apply FATF conditions for money laundering to the tax evasion facts in United States v. Walter Anderson. In this case, the USA alleges that Anderson attempted to evade $200m of taxes on lawful income.

Findings

Anderson’s tax evasion actions met all the FATF’s conditions for money laundering. FATF Recommendations imply that tax evasion, even on lawful income, is a form of money laundering. Tax evasion produces criminal tax savings and simultaneously launders those criminal proceeds.

Practical implications

The FATF effectively classified all tax evasion as money laundering when it designated tax evasion among predicate offenses thereto. The FATF stopped short of explicitly stating this result. The FATF should seriously consider taking the next step: formally recognize tax evasion as one form of money laundering, and thus codify a single crime that covers both offenses. A single-crime approach may be unfamiliar to prosecutors, but it could enable a more effective multiagency approach to fighting financial crime. It could simplify prosecution, eliminate overlapping statutes and reduce concerns over double jeopardy.

Originality/value

To the best of the authors’ knowledge, this is the first tax case analysis to indicate that tax evasion completely incorporates money laundering within the FATF framework.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 9 August 2023

Hanna Maria Malik

This chapter explores the empowering potential of research conducted with an activist orientation. It focuses on the story of four migrant workers employed in a Norwegian…

Abstract

This chapter explores the empowering potential of research conducted with an activist orientation. It focuses on the story of four migrant workers employed in a Norwegian fish-processing plant, who, supported by the local trade union and along with 67 colleagues, resisted against exploitative working, employment, and living conditions. Meant as a study of the emergence and dynamics of criminological activism, this chapter reflects the capacities in which researchers tend to act to challenge the normalisation of state-corporate harms and to empower those victimised by these harms, as well as on the pitfalls of these approaches. In so doing, this chapter points to the parallels between state-corporate criminology, labour perspective on human trafficking, social harm, and zemiology. Ultimately, it calls for heightened reflexivity and critical intellectual distance from activist researchers.

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Keywords

Article
Publication date: 31 January 2024

Kristine Langhoff, Michelle Lefevre and Rachel Larkin

This paper aims to present a mixed methods study of child criminal exploitation (CCE), particularly in the form of “county lines”, in three local authorities in southeast England…

Abstract

Purpose

This paper aims to present a mixed methods study of child criminal exploitation (CCE), particularly in the form of “county lines”, in three local authorities in southeast England. The data is analysed using a framework constructed from two relevant contextual and relational theories to understand experiences of CCE and the safeguarding responses undertaken to protect young people from harm.

Design/methodology/approach

Data were drawn from a survey (n = 118); interviews (n = 5) and focus groups (n = 15) with professionals; interviews with parents (n = 4); and from secondary analysis of eight interviews with young people affected by criminal exploitation. The analytic framework was applied to the data to answer two research questions: what is the role and significance of young people’s interactions with peers, parents and professionals in their CCE trajectories; and how do professionals understand and address risks within contexts in which young people are exposed to CCE? The mixed methods data collected by the authors were coded and analysed using this framework.

Findings

Although professionals were aware of contexts and relational power dynamics, the situated and temporal nature of CCE remained overlooked within safeguarding systems. Professionals required more space, time and support to fully and flexibly engage with young people and their families to increase safety.

Originality/value

There is limited research available that critically examines safeguarding responses to CCE in diverse geographic and cultural contexts. This paper contributes a critical account of how professionals might create connections and opportunities for change with young people, identifying structural constraints within practice systems alongside emerging examples of effective practice.

Details

Journal of Children's Services, vol. 19 no. 1
Type: Research Article
ISSN: 1746-6660

Keywords

Article
Publication date: 26 April 2023

James William Churchman, Susan Baron, Michelle Carr and Donna Orr

Following research into the application of Electronic Monitoring (EM), Criminal Justice Order (2016) no. 954 was published, which introduced EM for offenders leaving custody in…

Abstract

Purpose

Following research into the application of Electronic Monitoring (EM), Criminal Justice Order (2016) no. 954 was published, which introduced EM for offenders leaving custody in England and Wales (Ministry of Justice, 2016). EM was later extended to include those subjected to release on temporary licence (ROTL). The purpose of this study is to be the first, to the best of the authors’ knowledge, to evaluate a pilot project using EM during the ROTL process. The outcome allowed for recommendations to be made regarding the continued use of EM within the open prison estate.

Design/methodology/approach

This is a qualitative research project involving semi-structured interviews with staff and residents. Transcripts were analysed using thematic analysis which resulted in exploration of 4 themes and 11 sub-themes and recommendations for future research/practice.

Findings

Results demonstrated that both staff and residents evaluated the use of EM as helpful with regard to evidencing compliance with ROTL conditions. In addition, staff also found it helpful for providing additional reassurance to victims and providing evidence for ROTL breaches.

Practical implications

To the best of the authors’ knowledge, this was the first qualitative evaluation of EM relating to the ROTL process. The evaluation improves understanding of the value of EM for policymakers and the Ministry of Justice, especially in terms of the ROTL process. The recommendations made in this paper evidence the value of EM use in the future.

Originality/value

This evaluation supports continued use of EM and its integration into policy and procedures for residents subject to temporary licence. This paper concluded that consistent and reliable use of EM may contribute to victim reassurance and reduce recidivism of residents during ROTL, subsequently increasing the public’s perception of safety.

Details

The Journal of Forensic Practice, vol. 25 no. 3
Type: Research Article
ISSN: 2050-8794

Keywords

Article
Publication date: 6 June 2023

Cheneal Puljević, Amelia Cossart, Emma L. Davies, Monica J. Barratt, Larissa J. Maier, Marie Jauffret-Roustide, Adam R. Winstock and Jason A. Ferris

The COVID-19 pandemic likely impacted cannabis distribution, access and usage worldwide. This study aims to describe self-reported changes in cannabis use and related outcomes…

Abstract

Purpose

The COVID-19 pandemic likely impacted cannabis distribution, access and usage worldwide. This study aims to describe self-reported changes in cannabis use and related outcomes following COVID-19-related restrictions among an international sample of people who use drugs.

Design/methodology/approach

Using data from the Global Drug Survey COVID-19 Special Edition, the authors identified 20,417 respondents from 13 countries who reported whether the number of THC-containing cannabis usage days changed compared with February 2020 (before COVID-19 restrictions). Using descriptive statistics and a multinomial multivariable logistic regression, the authors investigated the impact of changes in cannabis use on respondents’ mental health, physical health, relationships, finances, work/study performance and cannabis-related pleasure/enjoyment.

Findings

Similar proportions of respondents reported that their cannabis use had stayed the same (38.2%) or increased (38.3%) compared with February 2020, while 21.9% of respondents reported a decrease. The most common reason for increased use was having more time (68.4%), while decreased use was associated with having less contact with people they use cannabis with (58.4%). The likelihood of reporting worse mental and physical health, finances, and work/study performance following COVID-19 restrictions was highest among those who reported increased cannabis use.

Research limitations/implications

These findings provide a unique understanding of the short-term international impact of initial COVID-19 restrictions on cannabis use, and highlight the need for policy to address the ongoing and improved provision of evidence-based mental health and other support for people who frequently use cannabis.

Originality/value

To the best of the authors’ knowledge, this is the world’s largest international study exploring the impacts of these changes in cannabis use following initial COVID-19 restrictions on individuals’ mental health, physical health, relationships, finances, work/study performance and cannabis-related pleasure. This study is also unique in comparing these changes across multiple continents.

Details

Drugs, Habits and Social Policy, vol. 24 no. 3
Type: Research Article
ISSN: 2752-6739

Keywords

Book part
Publication date: 14 December 2023

Carol Azungi Dralega, Wise Kwame Osei, Daniel Kudakwashe Mpala, Gezahgn Berhie Kidanu, Bai Santigie Kanu and Amia Pamela

This study explores how the national artificial intelligence (AI) strategies and policies in four sub-Saharan African countries – Mauritius, South Africa, Ghana and Gabon …

Abstract

This study explores how the national artificial intelligence (AI) strategies and policies in four sub-Saharan African countries – Mauritius, South Africa, Ghana and Gabon – influence the adoption of AI in journalism. In the journalistic world, AI have been mainly used for news gathering, production and distribution. Irrespective of the prospects, the pervasive nature of AI brings with it a host of challenges concerning privacy, gender, and ethnic bias. Despite its relevance to journalism, the challenges associated with using AI necessitate the need for policy frameworks that guide the development and usage of these technologies. At a global level, UNESCO has established a normative framework which lays out principles and standards regarding how member states formulate policies that ensures ethical and healthy development of AI. Using document analysis and the technological determinism theory, the study investigated how the national AI policies and strategies of these countries is impacting journalism and highlights the challenges to the adoption of the technology in the field. In lieu of the AI-specific laws, the countries seem to loosely rely on their data protection acts to govern aspects of AI use involving automated decision making. Mauritius was found to be the only country in the study with a set national AI strategy.

Details

Digitisation, AI and Algorithms in African Journalism and Media Contexts
Type: Book
ISBN: 978-1-80455-135-6

Keywords

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