Search results

1 – 10 of 881
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 financing…

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

Keywords

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 serious…

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. 25 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

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 consider…

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.

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 extending the…

1126

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

Keywords

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 terrorist…

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

Keywords

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 and the…

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

Open Access
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 within the…

8364

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

Keywords

Article
Publication date: 17 August 2020

Jen Rinaldi and Olga Marques

This study aims to ask how HIV/AIDS is arranged as a public threat in and through Canadian law, particularly in relation to transmission, and how strategies of capture extend the…

Abstract

Purpose

This study aims to ask how HIV/AIDS is arranged as a public threat in and through Canadian law, particularly in relation to transmission, and how strategies of capture extend the affective force of criminalization leading to poor health outcomes for persons living with HIV/AIDS.

Design/methodology/approach

This is a conceptual paper with a focus on applying affect theorist Jasbir Puar’s work on assemblage and debility. The authors use Puar’s work to frame the conditions that persons with HIV/AIDS experience in the Canadian criminal justice context as debilitating.

Findings

The authors found that while HIV transmission is not itself a criminal act in the Canadian criminal justice context, activities where transmission is prevalent or possible have been criminalized, particularly in relation to nondisclosure of health status, sex work and substance use. Further, the authors found that when the activities associated with HIV transmission are criminalized, strategies of capture extend the affective force of criminalization first in the inadequate provision of health-care and pharma-care services, second in state resistance to implement harm reduction measure and third in punitive population management strategies.

Originality/value

Persons living with HIV/AIDS have historically experienced stigmatization, especially intersecting with neoliberal, white supremacist and heteropatriarchal axes of power. This paper uses assemblage theory to shore up how these relations operate in ways that close off possibilities, by constituting the HIV/AIDS assemblage as a criminal – rather than a health phenomenon. This paper, thus, holds Canada to account for debilitating a historically disadvantaged and multiplying marginalized population.

Details

International Journal of Prisoner Health, vol. 16 no. 4
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 11 March 2019

Alexander Glebovskiy

The purpose of this paper is to discuss the criminogenic nature of isomorphism and groupthink in business organisations with a view to developing a conceptual model of the…

13571

Abstract

Purpose

The purpose of this paper is to discuss the criminogenic nature of isomorphism and groupthink in business organisations with a view to developing a conceptual model of the criminalisation process leading to criminal behaviour within businesses.

Design/methodology/approach

This paper draws on institutional theory and social psychology theory to discuss how isomorphic and groupthink processes may lead to criminal behaviour in the corporate world. The paper is based on a rigorous review of the relevant literature and theoretical frameworks regarding isomorphic dynamics, processes, factors, forces and mechanisms in the business context. The review was guided by a question of how isomorphic and groupthink processes can transform business organisations and its members into offenders. The approach applied was to transfer the existing theories of isomorphism and groupthink into the field of criminology, in order to devise a new model of the process of criminalisation.

Findings

The effects of isomorphic and groupthink processes can have a criminogenic effect on businesses and individuals in organisational settings which may coerce agents to engage in criminal behaviour. In crime-facilitative circumstances, isomorphism and groupthink foster criminal activity by cultivating homogeneous behaviour, conformity, resemblance, shared values and identical ways of thinking across and within firms. This herd behaviour can be regarded as one of the explanations for the pervasiveness of criminal and unethical behaviour in the corporate world, the consequences of which could be devastating.

Research limitations/implications

This is a theoretical analysis, not one based on empirical findings, though it does suggest a model for future testing.

Practical implications

This study explains the criminogenic nature of isomorphic and groupthink processes and contributes to the debate on the casualisation of corporate crime. This has important implications for the deterrence of illegal and unethical activities at both the organisational and institutional levels.

Originality/value

This study provides a conceptual model of the criminalisation process in businesses fostered by criminogenic isomorphism and groupthink.

Details

International Journal of Organization Theory & Behavior, vol. 22 no. 1
Type: Research Article
ISSN: 1093-4537

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

1 – 10 of 881