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Article
Publication date: 21 October 2021

Skirmantas Bikelis

This study aims at elaborating whether the criminalization of illicit enrichment has the potential to be an efficient and well-balanced measure against profiting from…

Abstract

Purpose

This study aims at elaborating whether the criminalization of illicit enrichment has the potential to be an efficient and well-balanced measure against profiting from serious crime.

Design/methodology/approach

This study offers a normative analysis of the concept of the criminalization of illicit enrichment, particularly from the perspective of the presumption of innocence. This paper supplements theoretical considerations using Lithuania, where illicit enrichment was criminalized a decade ago, as a case study. It analyses data of all 28 known criminal cases on illicit enrichment that resulted in judgements in Lithuania in 2015–2019.

Findings

The author concludes that on neither a fundamental nor practical level can the assumption that the criminalization of illicit enrichment efficiently carries out the task for which it was created be supported. Moreover, efforts to implement this legal strategy might unbalance the system of illicit asset recovery measures and obstruct the implementation of other promising legal instruments.

Originality/value

As very few states with developed democracy and strong rule of law traditions have implemented criminalization of illicit enrichment, there are very few if any empirical data or analysis of practices on this issue that could contribute to the theoretical discussion. This paper aims at contributing to fulfillment of this gap by presenting relevant data and insights from the perspective of Lithuanian criminal justice system.

Details

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

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Article
Publication date: 22 January 2020

Zeynab Malakoutikhah

The purpose of this study is to demonstrate that to what extent the Iranian criminalisation of terrorism financing meets the international standards of counter-terrorism…

Abstract

Purpose

The purpose of this study is to demonstrate that to what extent the Iranian criminalisation of terrorism financing meets the international standards of counter-terrorism financing regime, particularly the Financing Convention and the Financial Action Task Force (FATF) Recommendations, and what is the main impediment for Iran to integrate at the international level to combat terrorism financing. Also, it tries to rate the Iranian criminalisation of terrorism financing in accordance with the FATF technical compliance rating.

Design/methodology/approach

This subject is analysed from an Iranian perspective by undertaking fieldwork through collecting documents in Iran and using the official documents, statements and laws, particularly the Iranian Law of Combating Financing of Terrorism (2018) from both Persian and English sources.

Findings

Iran’s terrorism financing offence is not completely in line with international counter-terrorism financing regime because of an exemption for the struggle of individuals, nations and national liberation movements with the aim of countering domination, foreign occupation, colonisation and racism. The Iranian support for national liberation movements is derived from the Constitutional Law that requires Iran supports the struggles of the oppressed for their rights against the oppressors anywhere in the world. As a result, the FATF Recommendation 5 (criminalisation of terrorism financing) would be rated partially compliant.

Originality/value

No article exists specifically on this research field. To the author’s knowledge, this paper, for the first time, examines the Iranian criminalisation of terrorism financing. It rates the criminalisation (Recommendation 5) based on the FATF technical compliance rating because no mutual evaluation has been conducted to date. The paper is useful for academicians, law enforcement, policymakers, legislators and researchers.

Details

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

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Article
Publication date: 10 July 2017

Katy Swaine Williams

The purpose of this paper is to describe the current policy context for work aimed at reducing the criminalisation of looked after children in England and Wales, and to…

Abstract

Purpose

The purpose of this paper is to describe the current policy context for work aimed at reducing the criminalisation of looked after children in England and Wales, and to consider the potential that now exists for a sustained reduction in the numbers and proportion of looked after children and young people becoming unnecessarily criminalised.

Design/methodology/approach

The author of this paper worked on the Prison Reform Trust’s independent review of looked after children in the criminal justice system, “In Care, Out of Trouble”, chaired by Lord Laming. The paper describes the context for the review and outlines its findings alongside those of concurrent government-commissioned reviews, detailing the government response. The paper describes the action now being taken to reduce the criminalisation of looked after children and argues that, while the UK and Welsh governments appear willing to lead in pursuing reforms, continued pressure will be needed to ensure that this translates into sustained change.

Findings

The paper notes that looked after children and young people remain significantly over represented in the criminal justice system despite a number of studies and statutory guidance aimed at preventing this. This is being successfully tackled in places where children’s social care services are working closely with criminal justice agencies, with common goals. The paper reports on the responses from the Welsh and UK governments and lead agencies to Lord Laming’s review and concurrent government-commissioned reviews, which confirm their willingness to show national leadership in raising expectations for effective local joint working.

Practical implications

The paper offers an insight into the current policy context for protecting looked after children and young people from unnecessary criminalisation and sets out the commitments that have been made by the UK and Welsh governments and national agencies to take action to this end. It notes the need for ongoing outside pressure to ensure these commitments translate into action.

Social implications

This paper aims to support policy makers and practitioners in pursuing improvements in practice to protect looked after children from unnecessary criminalisation. As such, it is hoped that it may play a part in improving the life chances of looked after children and young people who might otherwise face the damaging consequences of involvement in the criminal justice system.

Originality/value

Lord Laming’s review was a timely, independent examination of the unnecessary criminalisation of looked after children. There is now a renewed focus in key government departments and agencies on the need to protect looked after children and young people from unnecessary criminalisation, including through the development of a concordat. Success will require ongoing dialogue with independent bodies, and a stronger focus by the relevant inspectorates. This paper summarises the context and findings of the review and subsequent policy developments, and may be useful for policy makers, practitioners in children’s social care and youth justice, and the police.

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Article
Publication date: 1 January 2012

Julie Clarke

The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of…

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Abstract

Purpose

The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of extending the criminal law to this conduct. In addition, it will consider some of the legal implications, including the exposure of directors of companies to potential racketeering charges.

Design/methodology/approach

The paper first examines cartel theory and the justification for prohibition. The paper then identifies the emerging trend toward criminalization of hard core cartel conduct, followed by an assessment of potential justifications for criminalization. Implications of criminalization, including the potential impact of organized crime legislation on offenders and regulators, will then be considered.

Findings

There is a clear trend towards the criminalization of hard core cartels. The paper argues that this trend is appropriate, both because of the moral culpability it attracts and because of its potential to enhance general deterrence. The paper also argues that cartel conduct, in jurisdictions in which it is criminalized, will constitute “organized crime” as defined in the Palermo Convention and, as such, expose participants to potential money laundering and asset forfeiture consequences.

Originality/value

This paper is of value to governments and regulators considering adoption or implementation of a criminal cartel regime and to practitioners in advising clients about potential consequences of cartel conduct within a criminal regime.

Details

Journal of Financial Crime, vol. 19 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 5 October 2012

Hamed Tofangsaz

The purpose of this paper is to re‐discover the nature of the crime of terrorist financing in order to challenge the assumption which requires the criminalization of…

Abstract

Purpose

The purpose of this paper is to re‐discover the nature of the crime of terrorist financing in order to challenge the assumption which requires the criminalization of terrorist financing as a predicate crime to money laundering.

Design/methodology/approach

Illustrating the nature of the crime of terrorist financing and money laundering, the necessity of the criminalization of terrorist financing as an inchoate crime in accordance with the principles of Islamic criminal law will be examined.

Findings

While the criminalization of money laundering in Islam is based on the illegality of crimes already happened, impermissibility of terrorist financing needs to be forward‐looking, concentrating on the destination of the crime of terrorist financing. This requires criminalization of terrorist financing as an inchoate offence which is compatible with the principles of Islamic criminal law.

Originality/value

The paper provides new insight into the criminalization of terrorist financing.

Details

Journal of Money Laundering Control, vol. 15 no. 4
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 15 May 2017

Gia Barboza, Silvia Dominguez, Laura Siller and Miguel Montalva

The purpose of this paper is to explore the association between Mexicans’ support for the criminalization of immigration and level of police contact, fear of deportation…

Abstract

Purpose

The purpose of this paper is to explore the association between Mexicans’ support for the criminalization of immigration and level of police contact, fear of deportation and the perceived personal impact of immigration enforcement.

Design/methodology/approach

This analysis uses data from the 2008 National Survey of Latinos, a representative random sample of 1,153 self-identified Latino/as residing in the USA. The authors sought to identify the prevalence of Latino support for local police actively identifying undocumented immigrants and to examine the relationship between acculturation, confidence in the police and/or fear that immigrants increase neighborhood crime and support for the criminalization of immigration. The authors use logistic regression analysis and post-estimation techniques to explore the relationship between support for the criminalization of immigration and acculturation, discrimination, perceptions of crime and confidence in the police.

Findings

The authors found that Latino policy attitudes are not monolithic but differ by nativity and citizenship status and vary according to their level of confidence in fair and proper police enforcement of the law. Within levels of confidence, the authors found that the perception that immigrants increase local crime rates was a significant predictor of policy attitudes. Contrary to the authors’ expectations, neither previous contact with the criminal justice system nor being stopped and asked about immigration status predicted support for criminalizing immigration. Nor did level of support vary according to proficiency in English and perceptions of discriminatory treatment.

Practical implications

This study has implications for understanding how citizenship statuses influence public opinion on issues that are presumed to be reflective of a unified political voice.

Social implications

This study has implications for understanding the role of social stigma and political socialization and their relationship to Mexican citizens and non-citizens policy preferences.

Originality/value

No study to date has explored associations between Latinos’ policy attitudes on the criminalization of immigration and acculturation, fear of crime and confidence in the police.

Details

Policing: An International Journal of Police Strategies & Management, vol. 40 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Content available
Article
Publication date: 24 August 2021

Muhammad Saleem Korejo, Ramalinggam Rajamanickam and Muhamad Helmi Md. Said

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering…

Abstract

Purpose

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.

Design/methodology/approach

This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.

Findings

This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.

Practical implications

This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.

Originality/value

This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

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Book part
Publication date: 19 May 2009

Salvatore Palidda

Purpose – To examine the immigration, crime and justice nexus from the perspective of non-state theorists.Method – Review and synthesis of the literature.Findings – The…

Abstract

Purpose – To examine the immigration, crime and justice nexus from the perspective of non-state theorists.

Method – Review and synthesis of the literature.

Findings – The process of criminalization and victimization of immigrants is part of a wider situation of the neo-liberal development that causes destruction of the former social structure and thus of the practices of negotiated and peaceful management of disorder, discomfort and social problems. Fears and uncertainties connected to destruction of the political organization of society are exploited to support a securitarism that fails to create security but excels in reproducing insecurity.

Value – The criminalization and victimization of immigrants is seen from a much broader perspective than normally found, one that links those issues to political economy and global social structures.

Details

Immigration, Crime and Justice
Type: Book
ISBN: 978-1-84855-438-2

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Book part
Publication date: 4 September 2020

Jacqueline Briggs

This chapter provides a genealogy of the Gladue–Ipeelee principle of special consideration of Indigenous circumstances at sentencing. The principle is codified in the 1996…

Abstract

This chapter provides a genealogy of the Gladue–Ipeelee principle of special consideration of Indigenous circumstances at sentencing. The principle is codified in the 1996 statutory requirement that “all available sanctions other than imprisonment … should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders” (s. 718.2e of the Criminal Code of Canada). Using the Foucaultian genealogy method to produce a “history of the present,” this chapter eschews normative questions of how s. 718.2e has “failed” to reduce Indigenous over-incarceration to instead focus on how practices of “special consideration” reproduce settler-state paternalism. This chapter addresses three key components of the Gladue–Ipeelee principle: the collection of circumstances information, the characterization of those circumstances, and finally their consideration at sentencing. Part one focuses on questions of legitimacy and authority and explicates how authority and responsibility to produce Indigenous circumstances knowledge was transferred from the Department of Indian Affairs (DIA) to Indigenous Courtworker organizations in the late 1960s/early 1970s. Part two identifies how authority shapes problematization by examining the characterization of Indigenous circumstances in the two eras, finding that present-day Gladue reports articulate an Indigenous history and critique of colonialism as the root cause of Indigenous criminalization, whereas DIA reports prior to 1970 generally characterized this criminalization as a “failure to assimilate.” Part three focuses on the structural reproduction of power relations by exploring historical continuities in judicial and executive-branch consideration of Indigenous circumstances, suggesting that the Gladue–Ipeelee principle reinscribes a colonial “mercy” framework of diminished responsibility. The author discusses how the principle operates in the shadow of Indigenous over-incarceration as a form of state “recognition” and a technique of governance to encourage Indigenous participation in the settler justice system and suggests that the Gladue–Ipeelee principle produces a governing effect that reinforces settler-state authority by recirculating colonial practices and discourses of settler superiority.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

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Book part
Publication date: 21 September 2015

Brad Barber and Bronwen Lichtenstein

U.S. health policy promotes HIV testing and linkage to care (test-and-treat) with an emphasis on high risk groups such as convicted offenders. We sought to identify…

Abstract

Purpose

U.S. health policy promotes HIV testing and linkage to care (test-and-treat) with an emphasis on high risk groups such as convicted offenders. We sought to identify whether or not laws for mandatory HIV disclosure to sexual partners are a barrier to HIV testing among offenders under community supervision.

Methodology/approach

A total of 197 probationers and parolees were surveyed in a closed/item-open-ended item methodology on two reporting days in Alabama. Three main questions were asked: (1) What do offenders know about HIV? (2) What do they know about the law? (3) Do they support mandatory disclosure and HIV testing? Data for the quantitative items were analyzed with SPSS and matched with open-ended responses for explanatory purposes.

Findings

Testing and criminalization of non-disclosure were fully supported as key elements of HIV prevention. This support was framed by conceptions of HIV as a killer disease, of people with HIV as potential murderers, and by low self-awareness of HIV risk.

Social implications

While the study involved only a single group of convicted offenders in a southern state, the results suggest that disclosure laws legitimize HIV stigma and undermine test-and-treat strategies among communities at risk.

Originality/value

The research is the first of its kind to investigate possible links between HIV criminalization and barriers to HIV prevention and care among convicted offenders.

Details

Education, Social Factors, and Health Beliefs in Health and Health Care Services
Type: Book
ISBN: 978-1-78560-367-9

Keywords

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