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Open Access
Article
Publication date: 8 December 2022

Jacobus Gerhardus J. Nortje

The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.

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Abstract

Purpose

The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.

Design/methodology/approach

This paper first provides a brief background of crime in South Africa and argues that the concept of the whistleblower is just a buss word or collective noun. The methodology of this paper consists of a literature review of whistleblowers and relevant laws that can be used to protect whistleblowers in South African criminal cases.

Findings

This paper concludes that the existing law as primarily contained in the Criminal Procedure Act 51 of 1977 provides appropriate protection for whistleblowers in South African criminal cases.

Research limitations/implications

Whistleblowers provide information on criminal, civil and disciplinary wrongdoings. This study focuses on the protection of whistleblowers pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977.

Originality/value

The originality of this paper lies in the approach to the handling of whistleblowers in South African criminal cases. This is the first research done with the emphasis on the use of mainly the provisions of the Criminal Procedure Act 51 of 1977 to protect whistleblowers in South African criminal cases. The contribution of the study is that, by using this approach, it can provide protection and save lives, and it may enhance the willingness of whistleblowers to blow the whistle, which will be beneficial to the community of South Africa as a whole.

Details

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

Keywords

Article
Publication date: 7 October 2019

Kadriye Bakirci

Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this…

Abstract

Purpose

Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.

Design/methodology/approach

In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.

Findings

Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.

Originality/value

The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.

Article
Publication date: 2 January 2018

Ilham Nurhidayat and Bevaola Kusumasari

The purpose of this paper is to identify and map out various aspects and key elements, which are necessary to strengthen an effective and systematic whistleblowing system (WBS…

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Abstract

Purpose

The purpose of this paper is to identify and map out various aspects and key elements, which are necessary to strengthen an effective and systematic whistleblowing system (WBS) and ensure adequate protection in accordance with the characteristics typical of Indonesia.

Design/methodology/approach

This research emphasizes the extensive use of literature review and previous research that analyze whistleblowing as an issue and ethical challenge in public institutions. This research also reviews documents pertaining to the formulation and implementation of existing WBS. Additionally, this research also analyzes some cases experienced by a number of whistleblower figures in Indonesia as a contribution and recommendation to parties interested in formulating a more effective and systematic WBS.

Findings

An effective and systematic WBS, assuring adequate protection, needs a number of key elements which will be identified and mapped out in this research and, subsequently, categorized into several aspects covering human and ethical culture; policy; legal protection; organizational structure; and procedures and process in accordance to Indonesia’s specific characteristics.

Practical implications

The paper can be a source to explore anti-corruption policy and the prevention approach of corruption based on Indonesian perspectives.

Originality/value

This paper is a significant undertaking aimed at raising public trust in public institutions and providing adequate protection to whistleblowers. It also contributes by encouraging the public organization to prevent corruption and other wrongdoing, which, nowadays, are common in Indonesia.

Details

Journal of Financial Crime, vol. 25 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 July 2006

Janusz Bojarski

The purpose of this paper is to present a short history of economic crime in Poland since 1989, the most significant criminal law regulations aimed at controlling this phenomenon…

486

Abstract

Purpose

The purpose of this paper is to present a short history of economic crime in Poland since 1989, the most significant criminal law regulations aimed at controlling this phenomenon and their efficiency and finally to explain the most dangerous threats for the Polish financial system.

Design/methodology/approach

The paper analyses Polish legislation, statistics, criminal law, criminological and sociological literature and specialized press relations.

Findings

In the course of the work it was found that in 15 years a completely criminal law and institutional framework of economic crime control has been created. This is a system generally completed and can be described as adequate to present situation. However, the attitude of potential victims – financial institutions and companies – is surprising. This is also a factor increasing risk.

Originality/value

The paper can be useful for next comparative research in the spheres of economic crime control – both between new members and between Poland and “old” members of the European Union. It presents problems of adaptation two parties to new economic reality: state agencies and society. It shows that law regulations and organization structures are more flexible than personal attitude of public officers and businessmen.

Details

Journal of Money Laundering Control, vol. 9 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 April 2006

David Fitzpatrick

The purpose of the paper is to examine the Organised Crime and Police Act 2005 (the Act), in particular, the sections of the Act that establish the serious organised crime agency…

852

Abstract

Purpose

The purpose of the paper is to examine the Organised Crime and Police Act 2005 (the Act), in particular, the sections of the Act that establish the serious organised crime agency (SOCA) and to anticipate the effectiveness of the Act against organised and serious crime in the UK.

Design/methodology/approach

The methodology employed is to examine Parts 1 and 2 of the Act, in light of the response of concerned professionals to the Act's passage through Parliament, concerns expressed both in the press and in legal journals, and to critically examine the novel features of the Act from the perspective of a professional who has worked in this same field (organised and serious crime) in Hong Kong for more than 20 years.

Findings

The Act is to be welcomed, in particular, gathering the investigative and intelligence functions of the police, customs and immigration service in one body SOCA, an elite limit to assist other UK police forces and law enforcement agencies. The introduction of statutory mechanisms to promote the co‐operation of defendants as potential witnesses is also to be welcomed. However, it is feared that the investigative powers created will be ineffective as the judiciary are not directly involved and the powers that are given to SOCA will be easily evaded by ruthless or experienced criminals.

Originality/value

It is hoped, the paper will promote interest in SOCA when it is “rolled out” operationally in April 2006. It is also hoped that SOCA will be appreciated from the outset as only a half‐hearted adoption of the US organised crime “model”. The UK has decided not to use telephone taps as a source of evidence, nor has it granted effective investigative powers to SOCA. Furthermore, there has been no comprehensive clean‐up of the present confusion of objectives that is so obvious in the sentencing policy as it concerns offenders who commit serious crime or are involved in organised criminal behaviour in the UK.

Details

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

Keywords

Article
Publication date: 30 April 2021

Thomas Scott and Charles Wellford

This paper addresses the clearance of aggravated assaults (AAs). Specifically, the authors consider variations in these clearances over time for large agencies and test which…

Abstract

Purpose

This paper addresses the clearance of aggravated assaults (AAs). Specifically, the authors consider variations in these clearances over time for large agencies and test which crime, investigation and agency factors are associated with the likelihood of clearance by arrest or exceptional means. In doing this work, they seek to extend the understanding of how police can improve their investigations and ability to solve serious offenses.

Design/methodology/approach

Using case, investigative and organizational data collected from seven large police departments selected on the basis of their trajectory of index crime clearances, and measures of case characteristics, investigative effort and organizational best practices, this paper uses descriptive and inferential statistics to analyze AA investigations and case clearance.

Findings

Key findings include the following: trajectories of AA clearance vary across large agencies and covary with a measure of organizational best practices, and the relationship between investigative effort and case clearance can depend on organizational practices. The authors find that measures of investigative effort are either not related to case clearance or there is a negative association.

Research limitations/implications

Now that police researchers have a better understanding of AAs and their investigations, they need to test how this knowledge can be used to improve the quality of police investigations. Tests, preferably multi-agency randomized control trials, of new investigative strategies and organizational practices are needed.

Originality/value

This research is original in that it uses a multi-agency sample and crime, investigation and organizational measures to understand AA clearance.

Details

Policing: An International Journal, vol. 44 no. 4
Type: Research Article
ISSN: 1363-951X

Keywords

Book part
Publication date: 19 May 2009

Dita Vogel, William F. McDonald, Bill Jordan, Franck Düvell, Vesela Kovacheva and Bastian Vollmer

Purpose – This is a comparison of the role of the police in the enforcement of immigration law in the interiors of three nations: Germany, the United Kingdom, and the United…

Abstract

Purpose – This is a comparison of the role of the police in the enforcement of immigration law in the interiors of three nations: Germany, the United Kingdom, and the United States.

Methodology – The study builds upon research the authors have already done as well as desk research on recent developments. It uses three dimensions of the problem to focus the report: the hardware, software, and culture of police involvement in this issue.

Findings – In Germany, the local police are responsible for the enforcement of immigration control and have relatively fast and reliable means to identify undocumented immigrants. This is not the case in the United Kingdom and the United States, but there are trends toward more local police involvement, both by institutional cooperation and by the development of better databases and documents for faster identification. These trends are highly controversial in an environment that values community relations and is highly sensitive to racial profiling. However, there are also indications that the differences in typical police work such as traffic controls and crime investigation may not be as pronounced as the differences between the countries would suggest.

Research implications – This study highlights the need for ethnographic work with the police and with unauthorized immigrants to empirically describe and assess the role that the police are playing and its impact on police–community relations.

Practical implications – The German experience supports the value of a comprehensive information system for rapidly determining the immigration status of suspects, but it may not work as expected in the United States and the United Kingdom, where registration and identification obligations apply to foreign citizens only. With the US and UK experiences, one could predict that discriminating identification practices may become more sensitive issues in a Germany with increasing numbers of immigrated citizens.

Details

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

Open Access
Article
Publication date: 24 June 2020

Oliver Nnamdi Okafor, Festus A. Adebisi, Michael Opara and Chidinma Blessing Okafor

This paper investigates the challenges and opportunities for the deployment of whistleblowing as an accountability mechanism to curb corruption and fraud in a developing country…

11399

Abstract

Purpose

This paper investigates the challenges and opportunities for the deployment of whistleblowing as an accountability mechanism to curb corruption and fraud in a developing country. Nigeria is the institutional setting for the study.

Design/methodology/approach

Adopting an institutional theory perspective and a survey protocol of urban residents in the country, the study presents evidence on the whistleblowing program introduced in 2016. Nigeria’s whistleblowing initiative targets all types of corruption, including corporate fraud.

Findings

This study finds that, even in the context of a developing country, whistleblowing is supported as an accountability mechanism, but the intervention lacks awareness, presents a high risk to whistleblowers and regulators, including the risk of physical elimination, and is fraught with institutional and operational challenges. In effect, awareness of whistleblowing laws, operational challenges and an institutional environment conducive to venality undermine the efficacy of whistleblowing in Nigeria.

Originality/value

The study presents a model of challenges and opportunities for whistleblowing in a developing democracy. The authors argue that the existence of a weak and complex institutional environment and the failure of program institutionalization explain those challenges and opportunities. The authors also argue that a culturally anchored and institutionalized whistleblowing program encourages positive civic behavior by incentivizing citizens to act as custodians of their resources, and it gives voice to the voiceless who have endured decades of severe hardship and loss of dignity due to corruption.

Details

Accounting, Auditing & Accountability Journal, vol. 33 no. 6
Type: Research Article
ISSN: 0951-3574

Keywords

Book part
Publication date: 12 January 2021

Manuel Villoria

This article will attempt to answer the following question: what has been done to prevent corruption and promote a “good government” in Latin America, what are the results and…

Abstract

This article will attempt to answer the following question: what has been done to prevent corruption and promote a “good government” in Latin America, what are the results and what explains the current situation? After analyzing very different experiences, the following could be stated: (1) there is at least a formal concern for promoting integrity in several countries, but there are problems of diagnosis and formulation; (2) the examples of implementation failures are far too many in Latin America. In any case, the most important factor explaining failures of design and implementation is the presence of a social trap and a political trap. The social trap is expressed by the incoherence of society itself, which demands honesty from Government, but in practice incentivizes corruption by paying bribes, breaching rules, and demanding privileges within the framework of clientelist networks. The political trap emerges from the strong path dependency effect resulting from the consolidation of patronage or clientelist networks.

Details

The Emerald Handbook of Public Administration in Latin America
Type: Book
ISBN: 978-1-83982-677-1

Keywords

Article
Publication date: 1 April 2001

R.E. Bell

The trafficking of women for the purpose of sexual exploitation has become a global business operated by organised crime groups and is now viewed as having reached ‘critical…

1048

Abstract

The trafficking of women for the purpose of sexual exploitation has become a global business operated by organised crime groups and is now viewed as having reached ‘critical proportions’. Trafficking exists to meet the market demand for women who are used in brothels, the production of pornography and other aspects of the ‘sex industry’. It is nothing less than a modern day slave trade.

Details

Journal of Financial Crime, vol. 9 no. 2
Type: Research Article
ISSN: 1359-0790

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