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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

Content available

Abstract

Details

Journal of Money Laundering Control, vol. 27 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 12 June 2023

Thanee Chaiwat and Torplus Yomnak

The economic theory of crime states that crime can be prevented by either increasing the probability of being detected or increasing penalties. However, individual responses to…

Abstract

Purpose

The economic theory of crime states that crime can be prevented by either increasing the probability of being detected or increasing penalties. However, individual responses to fines and imprisonment may vary, and corruption can reduce both the probability of being detected and punishment costs. The purpose of this study is to investigate the effects of corruption on crime prevention.

Design/methodology/approach

This study used an experiment to investigate the effects of criminalisation and corruption. This study tested whether individuals respond differently to variables on the probability of being detected and punishment costs and whether corruption affects these variables.

Findings

The results of this study demonstrated that increasing the probability of being detected initially reduces crime rates more efficiently than increasing penalties, then the efficiency gradually reduces, and that corruption reduces the effectiveness of detection and punishment.

Research limitations/implications

Ineffective corruption prevention is not solely attributed to corrupt police, as illicit payments and personal connections also contribute to corruption.

Practical implications

Policymakers and law enforcement agencies should focus on preventive measures by increasing the chance of being detected, creating transparency and encouraging public participation to address corruption problems thoroughly.

Originality/value

This research conducted in Thailand investigates the effectiveness of crime-prevention mechanisms and considers the impact of corruption. This study offers insights into how criminals perceive detection and punishment costs under different social-political environments.

Details

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

Keywords

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 period of…

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. 30 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 12 September 2023

Zulema Álvarez, Tristia Bauman, Amite Dominick, Tony Messenger, Carlee Purdam and Jamie Vickery

This conversation focuses on the reproduction of vulnerability incarceration and homelessness and presents the reflections of scholars, writers, activists and practitioners.

Abstract

Purpose

This conversation focuses on the reproduction of vulnerability incarceration and homelessness and presents the reflections of scholars, writers, activists and practitioners.

Design/methodology/approach

This paper is based on the conversations that took place on Disasters: Deconstructed Podcast livestream on the 31st of March 2022.

Findings

The prominent themes in this conversation include homelessness, incarceration, stigma and marginalisation.

Originality/value

The conversation contributes to the ongoing discussions around the reproduction of vulnerability and the importance of understanding its root causes of disaster scholarship, practice and activism.

Details

Disaster Prevention and Management: An International Journal, vol. 32 no. 3
Type: Research Article
ISSN: 0965-3562

Keywords

Article
Publication date: 13 July 2023

Ini Dele-Adedeji, Lala Ireland and Gernot Klantschnig

This paper aims to examine the friction that has surfaced since the adoption of policy measures restricting access to tramadol, a synthetic opioid, in Nigeria in 2018. Our…

Abstract

Purpose

This paper aims to examine the friction that has surfaced since the adoption of policy measures restricting access to tramadol, a synthetic opioid, in Nigeria in 2018. Our analysis reveals how non-licensed pharmaceutical actors, who have played an integral part in the supply chain, have been criminalised for activities that have previously been sanctioned by the state. This criminalisation has given rise to friction between what is perceived as illegal by the state and what is acceptable for other actors in the tramadol economy.

Design/methodology/approach

The paper is based on more than 20 in-depth interviews with illicit actors and regulators in the tramadol economy in Lagos, Nigeria’s commercial centre, and a review of key policy documents, media reports and popular cultural outputs on tramadol.

Findings

The paper highlights the effects of prohibitionist policies and the voices of criminalised actors to provide a contextual view of the Nigerian tramadol economy. Relying on the concepts of friction and quasilegality, we show how social relationships have become the main backbone of the illicit tramadol economy and how they enable participants to resolve the pervasive friction between illegality and social acceptability of tramadol.

Originality/value

This paper provides an inside understanding of the nuances of the rarely studied illicit trade in synthetic opioids and how restrictive policies that are seemingly not well thought through have created friction in the Nigerian context.

Details

Drugs, Habits and Social Policy, vol. 24 no. 4
Type: Research Article
ISSN: 2752-6739

Keywords

Article
Publication date: 24 January 2023

Hope Kent, Amanda Kirby, George Leckie, Rosie Cornish, Lee Hogarth and W. Huw Williams

Looked after children (LAC) are criminalised at five times the rate of children in the general population. Children in contact with both child welfare and child justice systems…

Abstract

Purpose

Looked after children (LAC) are criminalised at five times the rate of children in the general population. Children in contact with both child welfare and child justice systems have higher rates of neurodisability and substance use problems, and LAC in general have high rates of school exclusion, homelessness and unemployment. This study aims to understand whether these factors persist in LAC who are in prison as adults.

Design/methodology/approach

Administrative data collected by the Do-IT profiler screening tool in a prison in Wales, UK, were analysed to compare sentenced prisoners who were LAC (n = 631) to sentenced prisoners who were not LAC (n = 2,201). The sample comprised all prisoners who were screened on entry to prison in a two-year period.

Findings

Prisoners who were LAC scored more poorly on a functional screener for neurodisability (effect size = 0.24), and on four self-report measures capturing traits of dyslexia (0.22), attention-deficit hyperactivity disorder (0.40), autism spectrum disorders (0.34) and developmental co-ordination disorder (0.33). Prisoners who were LAC were more likely to have been to a pupil referral unit (0.24), have substance use problems (0.16), be homeless or marginally housed (0.18) and be unemployed or unable to work due to disability (0.13).

Originality/value

This study uniquely contributes to our understanding of prisoners who were LAC as a target group for intervention and support with re-integration into the community upon release. LAC in prison as adults may require additional interventions to help with employment, housing and substance use. Education programmes in prison should screen for neurodisability, to develop strategies to support engagement.

Details

International Journal of Prisoner Health, vol. 19 no. 4
Type: Research Article
ISSN: 1744-9200

Keywords

Open Access
Article
Publication date: 5 February 2024

Ariadna H. Ochnio

Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…

Abstract

Purpose

Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.

Design/methodology/approach

Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.

Findings

There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.

Originality/value

This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.

Details

Journal of Money Laundering Control, vol. 27 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 17 January 2023

Tessa Cole

The criminalization of online financial fraud is examined by analyzing the existing literature, policies and state statutes within the context of the cybercrime ecosystem…

Abstract

Purpose

The criminalization of online financial fraud is examined by analyzing the existing literature, policies and state statutes within the context of the cybercrime ecosystem. Therefore, this paper aims to investigate online fraud policies within the USA and the prevalence of such incidents to explore the effectiveness of current fraud policies.

Design/methodology/approach

This examination explores policies related to online fraud within the USA by defining online financial fraud incidents within the context of the cybercrime ecosystem and analyzing such incidents with routine activities theory to emphasize the current legislative inadequacies with provisional policy recommendations.

Findings

This research suggests online financial fraud is not unanimously conceptualized among regulating or criminal institutions. Although federal regulators have governed financial institutions, federal institutions have failed to account for the capabilities of computer-mediated and technological device use (12 USC §1829).

Research limitations/implications

The limited research analyzing the effectiveness of guardianship that prevents or deters internet-mitigated or dependent financial fraud crimes.

Practical implications

Policy recommendations include but are not limited to mandating federal and privatized financial institutions to disclose all fraudulent activity to all stakeholders (e.g. customers and local and federal criminal justice agencies).

Originality/value

This paper provides an innovative approach using a criminological theory and policy framework to examine the prevalence of online fraud and the regulations enacted to counteract such violations.

Details

Journal of Financial Crime, vol. 30 no. 6
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 5 May 2023

Olha Bondarenko and Maryna Utkina

The purpose of this study is the characteristics of the issue of legal responsibility for the smuggling of goods under the conditions of martial lawin Ukraine.

Abstract

Purpose

The purpose of this study is the characteristics of the issue of legal responsibility for the smuggling of goods under the conditions of martial lawin Ukraine.

Design/methodology/approach

In the paper’s writing, the authors used an interdisciplinary approach, combining legal science and economics methods.

Findings

The detection and cessation of smuggling is currently a vital activity of customs authorities in the sphere of ensuring the financial and economic security of the state and a prerequisite for the stable development of market relations in Ukraine. At the same time, the lack of adequate legal responsibility for smuggling goods and the limited powers of customs authorities increased the facts of the smuggling of goods. This determines the importance of finding innovative principles of legal responsibility for smuggling goods under martial law conditions in Ukraine.

Originality/value

The paper aims to develop innovative principles of legal responsibility for smuggling goods under martial law in Ukraine.

Details

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

Keywords

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