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Article

Janusz Kochanowski

Considers the penal law in Poland since the change in regime from totalitarian to democratic state. Discusses the different approaches used and the change in crime over…

Abstract

Considers the penal law in Poland since the change in regime from totalitarian to democratic state. Discusses the different approaches used and the change in crime over the decade. Gives some statistics. States that Polish law will have to change to comply with European law as it strive to join the economic community. Concludes that the reader should “ponder anew the sense and role of penal responsibility” on an international scale.

Details

Managerial Law, vol. 44 no. 5
Type: Research Article
ISSN: 0309-0558

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Article

Bashar H. Malkawi and Hikmet O. Malkawi

The purpose of this paper is to examine the anti‐terrorist finance provisions in the Penal Law as well as the vulnerabilities in place that hamper more effective regime.

Abstract

Purpose

The purpose of this paper is to examine the anti‐terrorist finance provisions in the Penal Law as well as the vulnerabilities in place that hamper more effective regime.

Design/methodology/approach

The paper identifies the pre‐September 11 legal structure in Jordan regarding terrorist finance. Since, then the amended Penal Law, promulgated on October 8, 2001, has emerged as the principal tool in addressing terrorist finance activities. The paper is divided into five sections covering pre‐existing statutory provisions on terrorist finance, Jordan's counterterrorist financing regime including money laundering law and directives, the anti‐terrorist finance provisions in the Penal with its constituent elements, Jordan's accession to the United Nations Convention for the Suppression of the Financing of Terrorism, and finally the paper provides a set of conclusions.

Findings

There are still many loopholes to close in Jordan's anti‐terrorist finance initiatives. There is a need for greater enforcement of existing provisions with an eye to expanding the scope of article 147(2) of the Penal Law to include Islamic banks, hawala, charities, and zakat. A clear definition of the term “terrorist activity” should be supplied in article 147(2) and penalties for terrorist finance offense should be tightened.

Research limitations/implications

Lack of publications or research on the subject of terrorist finance in Jordan in Arabic.

Practical implications

This paper will be very helpful for any individual interested in the legal regime of anti‐terrorist financing as it exists in Jordan.

Originality/value

This paper meets a need for an understanding of the Jordanian legal regime as applied to anti‐terrorist financing and offers insights to lawyers and academics.

Details

Journal of Money Laundering Control, vol. 10 no. 2
Type: Research Article
ISSN: 1368-5201

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Book part

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.

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Pervasive Punishment
Type: Book
ISBN: 978-1-78756-466-4

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Article

Cecile Ringgenberg

Seeks to summarize the arguably complex situation of disclosure in Switzerland in view of the rules on professional and banking secrecy.

Abstract

Purpose

Seeks to summarize the arguably complex situation of disclosure in Switzerland in view of the rules on professional and banking secrecy.

Design/methodology/approach

The methodology used is practical experience, law, jurisprudence and earlier publications by the author and others.

Findings

Nothing new is found, but what is new, is to find the rules of disclosure, in its penal and civil aspects, in one place and in a summarized practice‐oriented manner and not dispersed in different parts of Swiss law.

Research limitations/implications

A future paper should cover the topic of disclosure on the national and international level between authorities, in particular penal, anti‐money laundering and surveyance of financial markets authorities, and not only, as it is in the present articles between authorities and individuals. The exchange between authorities is based on a complex set of rules dispersed in different parts of Swiss law.

Practical implications

This paper has practical implications, as it is addressed to the foreign legal practitioner, who needs to know what are the exceptions to the prohibition of disclosure based on the protection of the private sphere under Swiss law. A future extension of the paper would deal with what information he can get through the exchange of information between the authorities of his country and the Swiss authorities.

Originality/value

What is new is to find the rules of disclosure in one place and in a summarized practice‐oriented manner.

Details

Journal of Money Laundering Control, vol. 9 no. 2
Type: Research Article
ISSN: 1368-5201

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Book part

Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

Sexual harassment against female employees in the workplace is one of the topics that have gained the serious attention of various segments of the Sri Lankan society. More…

Abstract

Sexual harassment against female employees in the workplace is one of the topics that have gained the serious attention of various segments of the Sri Lankan society. More than 50% of the female population in Sri Lanka is employed today. Many of them have experienced sexual harassment at least once in their workplace. Since sexual harassment is recognized as a criminal offence in Sri Lanka, this paper intends to investigate whether the prevailing penal laws of the country are sufficient to prevent and deal with these cases and punish the perpetrators. Furthermore, this paper investigates the other possible legal response in the civil law regime to provide a safer legal environment for the victims of sexual harassment. This paper also discusses the relevant international standards in improving the existing laws in the country. This study engages in the field research including interviewing relevant stakeholders (200 women employees including skilled, unskilled and managerial level from government and private sector institutions situated in the Western Province, Officer In Charge of Police of 6 Police Divisions in Colombo District as the highest industrialized District in the Western Province and 3 Commissioners of Labour Department of Sri Lanka) in addition to the desk review of the literature.

Details

Enabling Gender Equality: Future Generations of the Global World
Type: Book
ISBN: 978-1-78560-567-3

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Article

J.R.J. Jammes

I. The Gendarmerie: Historical Background The Gendarmerie is the senior unit of the French Armed Forces. It is, however, difficult to give a precise date to its creation…

Abstract

I. The Gendarmerie: Historical Background The Gendarmerie is the senior unit of the French Armed Forces. It is, however, difficult to give a precise date to its creation. What can be asserted is that as early as the Eleventh Century special units existed under the sénéchal (seneschal), an official of the King's household who was entrusted with the administration of military justice and the command of the army. The seneschal's assistants were armed men known as sergents d'armes (sergeants at arms). In time, the office of the seneschal was replaced by that of the connétable (constable) who was originally the head groom of the King's stables, but who became the principal officer of the early French kings before rising to become commander‐in‐chief of the army in 1218. The connétable's second in command was the maréchal (marshal). Eventually, the number of marshals grew and they were empowered to administer justice among the soldiery and the camp followers in wartime, a task which fully absorbed them throughout the Hundred Years War (1337–1453). The corps of marshals was then known as the maréchaussée (marshalcy) and its members as sergeants and provosts. One of the provosts, Le Gallois de Fougières, was killed at Agincourt in 1415; his ashes were transferred to the national memorial to the Gendarmerie, which was erected at Versailles in 1946.

Details

Management Decision, vol. 20 no. 2
Type: Research Article
ISSN: 0025-1747

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Abstract

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Pervasive Punishment
Type: Book
ISBN: 978-1-78756-466-4

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Article

Ahmad Mohammad Abdalla Abu Olaim and Aspalella A. Rahman

We are living in a time when there is a stronger requirement for co-operation to fight organized crimes and the resulting flow of illicit funds. This is due to the…

Abstract

Purpose

We are living in a time when there is a stronger requirement for co-operation to fight organized crimes and the resulting flow of illicit funds. This is due to the globalization and interconnection between world economies and financial systems, as well as with the new technologies that allow rapid movement of funds around the globe. From the early beginning, Jordan realized the importance of providing anti-money laundering technical assistance, especially at the international level. The reason for this comes from Jordan’s strong belief that money laundering crimes can be fought domestically as well as internationally, particularly by combining efforts between Jordan and other countries. The purpose of this paper is to examine the development that Jordan has witnessed in the fighting of money laundering.

Design/methodology/approach

This paper relies on various laws that tackle organized anti-money laundering in Jordan before 2007, with the Jordanian Anti-Money Laundering and Counter Terrorist Financing Law for 2007 as the primary source of information.

Findings

Before 2007, Jordan fought money laundering through a group of laws that are indirectly concerned with combating money laundering. While these laws govern certain crimes, they managed to fight money laundering indirectly. By the year 2007, the Jordanian Anti-Money Laundering Law was passed and published on the official gazette on June 17, 2007. This law became effective after 30 days from that date. The Jordanian Anti-Money Laundering Law is one of the needed laws to keep a safe financial environment. Jordan’s obligation in accordance to the international conventions has made the country join and ratify the efforts, resulting in the issuing of the law. Since then, this law has become concerned with anti-money laundering in Jordan.

Originality/value

This paper provides an examination of the system in Jordan to combat money laundering before and after 2007. It is hoped that the content of this paper can provide some insight into this particular area for practitioners, academics, policy makers and legal advisers, not only in Jordan but also elsewhere. There will be significant interest in how Jordan has been developing the anti-money laundering system because of the international nature of the crime and its seriousness.

Details

Journal of Money Laundering Control, vol. 19 no. 4
Type: Research Article
ISSN: 1368-5201

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Book part

Antonello Ciccozzi and Giorgia Decarli

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons…

Abstract

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons behind the fragile collaboration between Italian courts and cultural experts and outlining some of the consequences of this relationship. It then presents a collection of cases involving cultural experts including a focus on the L’Aquila trial recounted from first-hand experience by Antonello Ciccozzi, the anthropologist who acted as expert consultant. The conclusions attempt to summarize the “state of the art” of cultural expertise in Italian courts today and call for greater collaboration between law and anthropology as a means of guaranteeing a fair trial.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

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