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Book part
Publication date: 1 January 2014

Brandon Chase

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants…

Abstract

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace bonds permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. This paper conducts a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful through a peace bond can result in the expansion of the state’s capacity to criminalize and conduct surveillance.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

Keywords

Book part
Publication date: 16 September 2022

Eugene E. Mniwasa

This chapter examines the potential and limitations of criminal law as a policy tool for fighting against the trade in counterfeit goods in Tanzania. It uncovers major…

Abstract

This chapter examines the potential and limitations of criminal law as a policy tool for fighting against the trade in counterfeit goods in Tanzania. It uncovers major challenges involved in tackling the counterfeiting business in Tanzania using criminal law. The chapter shows that counterfeit goods have infiltrated many supply chains in Tanzania. Both law-related and non-law factors drive the counterfeit goods trade. The counterfeiting business affects consumers, traders, the economy and the general society in Tanzania. The counterfeiting business presents serious societal risks during the crises such as the COVID-19 pandemic owing to the possible infiltration of counterfeit pharmaceuticals into the medical supply chain. Criminal law is part of Tanzania's legal embodies for fighting against the counterfeit goods trade. Both law-related and non-law limitations and challenges undermine the efficacy of criminal law in tackling the trade in counterfeit goods in Tanzania. The chapter recommends policy, legal and institutional reforms that will help to augment the efficacy of the anti-counterfeiting legal regime in Tanzania.

Details

Counterfeiting and Fraud in Supply Chains
Type: Book
ISBN: 978-1-80117-574-6

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Article
Publication date: 30 September 2014

Yanan Zhang

– The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China.

Abstract

Purpose

The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China.

Design/methodology/approach

The paper analyses the regulations about such crime and relevant literature.

Findings

The similarities and differences of such rules have been identified briefly. L/C fraud is considered a conduct crime; and unspecific or vague provisions concerning this crime may cause difficulties of application in judicial practice in both England and China. But the possible punishment for L/C fraud criminals under Chinese criminal law seems more severe than that under English law. Dealing with L/C fraud in international trade under national criminal laws is not effective. Regional and international efforts on legal assistance in cross-border criminal cases still remain to be improved.

Research limitations/implications

The limitation is that it examines merely relevant substantial rules in legislation. This opens the paths to future research on the approach towards L/C fraud demonstrated in court cases in England and in China.

Social implications

The research underlies the need to take serious attitude and make more effective efforts towards cross-border criminal cases, although different countries may have different rules concerning specific economic crimes.

Originality/value

This paper fills the gap of a comparative study on how L/C is regulated under criminal law regime in England and China.

Details

Journal of Financial Crime, vol. 21 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 3 October 2016

Supriyadi

The purpose of this paper is to examine the criteria of the provision on the corporation as the subject of crimes regulated in criminal legislation outside Indonesian…

Abstract

Purpose

The purpose of this paper is to examine the criteria of the provision on the corporation as the subject of crimes regulated in criminal legislation outside Indonesian Penal Code (KUHP) in the past five years. The criteria will be used to explore the construction of corporate criminal responsibility.

Design/methodology/approach

The method of the research is normative-legal study using the library research. The method of the examination is a qualitative-description. The data used are secondary data, including legislations, books, journals and other materials.

Findings

It is found that in the past five years, there are 25 criminal legislations outside KUHP which have the provision on corporation as the subject of crimes. In those 25 legislations, only four legislations which have the criteria of corporate criminal responsibility. In those legislation, it can be concluded that the construction of corporate criminal responsibility is based on identification and aggregation theory.

Originality/value

This research is novel in Indonesia. This research examines the specific articles of several legislations to deeply describe the corporate criminal responsibility.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 5 May 2015

Anna Sergi

The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England…

1021

Abstract

Purpose

The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences.

Design/methodology/approach

The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City.

Findings

After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences.

Research limitations/implications

This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law.

Originality/value

The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.

Details

Journal of Money Laundering Control, vol. 18 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 15 January 2020

Anastasia Suhartati Lukito

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation…

Abstract

Purpose

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition.

Design/methodology/approach

This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach.

Findings

Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values.

Practical implications

This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture.

Originality/value

This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Details

Journal of Financial Crime, vol. 27 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 March 1997

G.N.K. Vukor‐Quarshie

It has become increasingly popular and fashionable in Nigeria to enact penal laws which regulate and impinge on business activities. Although scattered corruption and…

Abstract

It has become increasingly popular and fashionable in Nigeria to enact penal laws which regulate and impinge on business activities. Although scattered corruption and economic crime provisions are found in some of the pre‐1980 statutes, the new phenomenon of enforcing economic regulations through the criminal law instrumentality in Nigeria attained great visibility from about 1984 and has become firmly entrenched in the last eight years.

Details

Journal of Financial Crime, vol. 5 no. 1
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 7 October 2019

Georgy Rusanov

The purpose of this study is to investigate the sources of criminal law in the area of responsibility for economic crimes in Russia and Italy.

Abstract

Purpose

The purpose of this study is to investigate the sources of criminal law in the area of responsibility for economic crimes in Russia and Italy.

Design/methodology/approach

This study is based on the study of five types of sources of criminal law: criminal legislation, legislation of other branches of law in the sphere of regulation of economic relations, legislation of other branches of law in the sphere of protection of economic relations, judicial practice and customs.

Findings

Based on the study of Russian and Italian legislation were revealed: in general, that systems of sources of criminal law in Italy and Russia are similar and based on the legislation.

Originality/value

This is explained by the fact that both countries are close to the Roman-Germanic legal system. It is also an important legislation of other branches of law. It consists of regulatory and protective norms of other branches of law. Court decisions, including decisions of the Constitutional Court and some legal positions of other vessels, are also considered as sources of criminal law.

Details

Journal of Financial Crime, vol. 26 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 6 November 2018

Alessandro Corda

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits…

Abstract

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.

Article
Publication date: 13 May 2022

Georgy Rusanov

The purpose of this paper is to provide a retrospective analysis of the Russian criminal legislation in the field of protection of economic relations in the transitional…

Abstract

Purpose

The purpose of this paper is to provide a retrospective analysis of the Russian criminal legislation in the field of protection of economic relations in the transitional period of the economy.

Design/methodology/approach

Based on historical, as well as general scientific research, methods (induction, deduction, analysis, synthesis and historical) and private scientific methods for studying criminal law phenomena (formal-logical, statistical and document research method), the author managed to identify a number of patterns in the development of the Russian criminal legislation in the context of the chosen economic model.

Findings

In particular, it is noted that during the period of the destruction of the planned economic model and the choice of ways for the development of the economy, as well as at the initial stage of the transition period of the economy in Russia.

Originality/value

The author singles out the following patterns of development of criminal legislation in Russia: a) under the influence of a sharp change in the economic model, risks in the sphere of protection of economic relations; and b) the tasks of criminal law in the field of protection of economic relations are changing significantly: from protecting the state monopoly in most areas of economic activity to protecting market economic relations.

Details

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

Keywords

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