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: 8777

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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.

The Needed Balances in EU Criminal Law

Past, Present and Future

Author: Chloé Brière,Anne Weyembergh

Publisher: Bloomsbury Publishing

ISBN: 1509917012

Category: Law

Page: 472

View: 4553

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This important volume provides an up-to-date overview of the main questions currently discussed in the field of EU criminal law. It makes a stimulating addition to literature in the field, while offering its own distinctive features. It takes a four-part approach: firstly, it addresses issues of a constitutional nature, such as the EU competence in the field of criminal law, the importance of the principle of subsidiarity and the role played by the different EU institutions. Secondly, it looks at issues linked to the quest of the right balance between diversity and unity, and focuses in particular on the special relationship between approximation and mutual recognition. Thirdly, it focuses on the balance between security and freedom, or, in other words, between the shield and sword functions of EU criminal law. Special attention is given here to transatlantic cooperation, data protection, terrorism, the European Arrest Warrant and the European Investigation Order. Finally, it examines the importance of balanced relations between criminal justice actors.

Criminal Liability of Managers in Europe

Punishing Excessive Risk

Author: Stanislaw Tosza

Publisher: Bloomsbury Publishing

ISBN: 150991496X

Category: Law

Page: 344

View: 2131

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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.

Criminalising Cartels

Critical Studies of an International Regulatory Movement

Author: Caron Beaton-Wells,Ariel Ezrachi

Publisher: Bloomsbury Publishing

ISBN: 1847318134

Category: Law

Page: 472

View: 347

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This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

White Collar Crime

A Comparative Perspective

Author: Katalin Ligeti,Stanislaw Tosza

Publisher: Bloomsbury Publishing

ISBN: 1509917918

Category: Law

Page: 440

View: 5202

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White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. 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 takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors 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 is an important new work in a fast-moving field.

The EU, the WTO and China

Legal Pluralism and International Trade Regulation

Author: Francis G. Snyder

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 481

View: 1520

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Snyder's book consists of a series of integrated studies of sites of governance, global legal pluralism and the regulation of international trade.

Annual Report

Author: University of London. Institute of Advanced Legal Studies

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 9602

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Europäisches Strafrecht post-Lissabon

Author: Kai Ambos

Publisher: Universitätsverlag Göttingen

ISBN: 3863950216

Category: Conflict of laws

Page: 149

View: 5469

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This volume deals with the future of European criminal law under the Lisbon Treaty. The contributions assess the risks and prospects of the progressing European integration with a special focus on the enlarged competences of the EU in the field of criminal law.

Yearbook of International Organizations 2012-2013

Guide to Global Civil Society Networks

Author: Union of International Associations

Publisher: Brill Academic Pub

ISBN: 9789004231733

Category: Business & Economics

Page: 1432

View: 7262

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The Yearbook of International Organizations provides the most extensive coverage of non-profit international organizations currently available. Detailed profiles of international non-governmental and intergovernmental organizations (IGO), collected and documented by the Union of International Associations, can be found here. In addition to the history, aims and acitvities of international organizations, with their events, publications and contact details, the volumes of the Yearbook include networks between associations, biographies of key people involved and extensive statistical data. Volume 3 allows readers to locate organizations by subjects or by fields of activity and specialization, and includes an index to Volumes 1 through 3.

ABPR

Author: N.A

Publisher: N.A

ISBN: N.A

Category: American literature

Page: N.A

View: 9706

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Strafvollzug in Litauen

kriminalpolitische Hintergründe, rechtliche Regelungen, Reformen, Praxis und Perspektiven

Author: Gintautas Sakalauskas

Publisher: N.A

ISBN: 9783936999198

Category: Litauen - Strafvollzug

Page: 403

View: 691

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