Challenges in the Field of Economic and Financial Crime in Europe and the US

Author: Vanessa Franssen,Katalin Ligeti

Publisher: Hart Publishing Limited

ISBN: 9781509908035

Category:

Page: 312

View: 2383

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In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms.The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

Challenges in the Field of Economic and Financial Crime in Europe and the US

Author: Katalin Ligeti,Vanessa Franssen

Publisher: Bloomsbury Publishing

ISBN: 1509908056

Category: Law

Page: 272

View: 9403

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In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

Challenges in the Field of Economic and Financial Crime in Europe and the US

Author: Katalin Ligeti,Vanessa Franssen

Publisher: Bloomsbury Publishing

ISBN: 1509908048

Category: Law

Page: 272

View: 2703

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In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

White Collar Crime

A Comparative Perspective

Author: Katalin Ligeti,Stanislaw Tosza

Publisher: Hart Publishing

ISBN: 9781509917891

Category: Comparative law

Page: 440

View: 5318

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In recent years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it will take a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it will compare the European approach with the American one, as a source of inspiration for unresolved difficulties and future developments. It then goes further to explore those challenging issues regarding the field of economic and financial crime including: the Senior Managers Regime, corporate criminal liability, and whistle-blowers protection. Timely and pertinent, this an important new work on a fast moving field.

The Principles of Corporate Sentencing in EU Law

Author: Vanessa Franssen

Publisher: Hart Publishing

ISBN: 9781849466509

Category: Law

Page: 480

View: 4516

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The EU is strengthening its grip on national criminal law in its fight against corporate crime, and the punishment of corporations features prominently among its concerns. However its current efforts to approximate Member States' criminal laws are weakened by the diversity of national sentencing rules and a thorough analysis of corporate sentencing is lacking both at the level of the EU and in most national systems. In this important book Vanessa Franssen provides, for the first time, a comprehensive account of the principles governing corporate sentencing in EU law, drawing on comparative scholarship of Member State legal systems as well as EU law, and makes practical suggestions for corporate sentencing goals that should be pursued by the EU. The book addresses academics, judges, practising lawyers, civil servants and anyone who wants to learn more about this fascinating topic of EU law.

The Permanent International Criminal Court

Legal and Policy Issues

Author: Dominic McGoldrick,Peter J. Rowe,Eric Donnelly

Publisher: Hart Publishing

ISBN: 1841132810

Category: Law

Page: 498

View: 6283

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The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law, the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts invo.

The Emergence of EU Criminal Law

Cyber Crime and the Regulation of the Information Society

Author: Christian Schwarzenegger,Sarah J. Summers,Sarah Summers,Gian Ege,Finlay Young

Publisher: Hart Pub Limited

ISBN: 9781841137278

Category: Law

Page: 354

View: 7842

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Criminal law can no longer be neatly categorized as the product and responsibility of domestic law. That this is true is emphasized by the ever-increasing amount of legislation stemming from the European Union which impacts, both directly and indirectly, the criminal law. The involvement of the EU institutions in the substantive criminal laws of its Member States is of considerable legal and political significance. This book deals with the emerging EU framework for creating, harmonizing, and ensuring the application of EU criminal law. This book highlights some of the consequences of EU involvement in criminal law by examining the provisions which have been adopted in the field of information and communication technology. The first section of the book offers an overview of the criminal law competence of the EU and evaluates the impact of these developments on the criminal laws of the Member States. The second part analyzes EU legislation which requires Member States to regulate matters, such as data protection, e-security, intellectual property, and various types of illegal content through criminal law. In the course of this evaluation, particular consideration is given to issues, such as the basis on which the EU institutions establish the need for criminal sanctions, the liability of service providers, and the extent to which the Member States have adhered to, or departed from, the legislation in the course of implementation. (Series: Studies in International and Comparative Criminal Law)

Limits to EU Powers

A Case Study of EU Regulatory Criminal Law

Author: Jacob Oberg

Publisher: Hart Publishing Limited

ISBN: 9781509903351

Category: Competent authority

Page: 256

View: 8318

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PRAISE FOR THE BOOK"The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond."Professor Jannemieke Ouwerkerk, Leiden Law School"An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution."Ester Herlin Karnell, VU University AmsterdamPursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Toward a Prosecutor for the European Union Volume 1

A Comparative Analysis

Author: Katalin Ligeti

Publisher: Bloomsbury Publishing

ISBN: 178225045X

Category: Law

Page: 1096

View: 3356

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In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

EU Criminal Law

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

ISBN: 184731726X

Category: Law

Page: 366

View: 578

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EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Toward a Prosecutor for the European Union

Draft Rules of Procedure

Author: Katalin Ligeti

Publisher: Hart Pub Limited

ISBN: 9781849463157

Category: Law

Page: 480

View: 6564

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"Volume 1 begins with thorough descriptions of 24 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues which will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition, and decentralised enforcement of European competition law."--Publisher.

French Criminal Justice

A Comparative Account of the Investigation and Prosecution of Crime in France

Author: Jacqueline Hodgson

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 281

View: 4861

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Moving away from idealised accounts of judicially supervised investigations, 'French Criminal Justice' provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence andconstrain its development and functioning.

Trust in International Police and Justice Cooperation

Author: Saskia Hufnagel,Carole McCartney

Publisher: Bloomsbury Publishing

ISBN: 1509911294

Category: Social Science

Page: 272

View: 2395

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The use of extra-territorial intelligence is growing among security, border, and public agencies. Internationally, rapidly evolving efforts to tackle transnational crime entail the exchange of intelligence across jurisdictions and state borders as well as the 'linking' of law enforcement operations. This book provides a number of different perspectives from across Europe, Australasia and Canada to examine recent cooperation experiences and the challenges faced in practice. The book brings together scholars from a range of legal and criminological fields to examine the legal imperatives and social parameters that shape international police and justice cooperation and highlights the importance of both trust and clear legal rules to ensure effective cooperation. It focuses on areas where cooperation is now mandated, but where significant issues are raised, including the international and regional methods of information and intelligence exchange and challenges to human rights protection; the coordination of international and regional exchange of evidence, such as forensic bioinformation; police cooperation in international investigations and the added value of formalising investigative strategies across jurisdictions regionally and internationally and the operation, accountability and legitimacy of organisations and institutions of 'cooperation' in law enforcement and specific international policing 'missions'.

Crime, Procedure and Evidence in a Comparative and International Context

Essays in Honour of Professor Mirjan Damaška

Author: John D. Jackson,Maximo Langer,Peter Tillers

Publisher: Hart Pub Limited

ISBN: 9781841136820

Category: Law

Page: 438

View: 8873

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This book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaska 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaska's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

Chasing Criminal Money

Challenges and Perspectives On Asset Recovery in the EU

Author: Katalin Ligeti,Michele Simonato

Publisher: Bloomsbury Publishing

ISBN: 1509912061

Category: Law

Page: 400

View: 7707

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The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.

The European Union and Deprivation of Liberty

A Legislative and Judicial Analysis from the Perspective of the Individual

Author: Leandro Mancano

Publisher: Hart Publishing

ISBN: 9781509908080

Category:

Page: 208

View: 1525

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The books explore the European Union's judicial and legislative approach to deprivation of liberty. It examines the Union's institutional framework to assess the impact of the collapse of the pillars-based structure and of the Charter of Fundamental Rights. The books provide a critical analysis of the EU approach to the question of fundamental rights which, the author argues, constitutes the core of the relationship between public powers and personal liberty. These rights include: the principle of proportionality; the principle of legality and proportionality of penalties; right to liberty; the rehabilitative function of custodial penalties. In so doing it concludes that the EU is biased towards individual member states' approach to detention.

Transnational Organised Crime in International Law

Author: Tom Obokata

Publisher: Bloomsbury Publishing

ISBN: 1847315941

Category: Law

Page: 258

View: 3009

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There is extensive and detailed academic literature on the legal development of international crimes such as war crimes and crime against humanity. However, not much attention has been paid to other serious crimes, including narcotics-related offences, human trafficking and money laundering, which do not necessarily amount to international crimes in the traditional sense. The purpose of this monograph is to fill this gap and offer a critical analysis of developments in the field of transnational organised crime under international law. The book is divided into two parts. Part I is entitled "Norms, Principles, and Concepts." It traces the history of organised crime and explores key concepts and norms relating to the practice from a multi-disciplinary perspective. It then looks at legal obligations imposed upon States as well as non-State actors in relation to transnational organised crime. Part II illustrates how these norms, principles and obligations are translated and enforced in practice. This will be done through case studies at the level of national law (Thailand, Serbia and the UK), regional law (European Union) and international law (United Nations). "A book of many parts, its thematic coherence comes from its devotion to identifying the social threat posed by organised crime and the legal steps taken at the international and national levels against that threat. Rich with example and illustration and written in a light, direct, style, it will provide a lucid guide for practitioners, policy-makers and students to the largely untraversed territory of the international legal system set up to suppress transnational organised crime." Professor Neil Bolster, University of Canterbury, New Zealand. "...the international law governing organized crime is a close relative of the body of law applicable to the International Criminal Court and similar institutions. It provides a forum to address issues of more general concern, such as the scope of universal jurisdiction, immunities, statutory limitation and extradition. Tom Obokata's study, with its original and in some ways unique perspective, enriches our knowledge of the field". Professor William Schabas, Irish Centre for Human Rights. "The book is well written, its documentation is quite exhaustive, and its thesis is timely and compelling." Professor M. Cherif Bassiouni, DePaul University College of Law.

The Limits of Asset Confiscation

On the Legitimacy of Extended Appropriation of Criminal Proceeds

Author: Johan Boucht

Publisher: Bloomsbury Publishing

ISBN: 1509907092

Category: Law

Page: 280

View: 5353

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This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.

EU Criminal Law After Lisbon

Rights, Trust and the Transformation of Justice in Europe

Author: Valsamis Mitsilegas

Publisher: Hart Publishing

ISBN: 9781509924769

Category:

Page: 336

View: 1752

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This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

Criminal Liability of Managers in Europe

Punishing Excessive Risk

Author: Stanislaw Tosza

Publisher: Bloomsbury Publishing

ISBN: 1509914986

Category: Law

Page: 344

View: 2144

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Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.