scholarly journals Money Laundering and Deprivation of Illegally Obtained Assets in Brazil: An Overview of the Current National Legislation

2021 ◽  
pp. 1-15
Author(s):  
Emília Merlini Giuliani

Abstract The present paper aims to provide a comprehensive yet critical overview of current Brazilian legislation on money-laundering prevention and control. Given that stripping criminals of their illegal profits has for a long time been considered one of the most important measures in the fight against international and organized crime, a part of this paper explores the legal mechanisms that allow for this to take place as a consequence of crime and, especially, in connection with money laundering in the context of the Brazilian criminal justice system.

2019 ◽  
Vol 31 (5) ◽  
pp. 1503-1507
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevski

Money laundering its serious problem which threatens global financial system for a long time, hence measures against money laundering are part of one global system of criminal justice and policy against transnational organized crime, starting with predicting actions as criminal offences, precision its basic elements, giving priority of property sanctions and measures as a part of penal policy against this type of crime, but also finding new mechanism, in a way of detection and procedure of these illicit actions. This notion covers various activities directed against legalization of money acquired with committing crime, and therefore the center of injustice is exactly in covering criminal origin of money and including in legal financial flows. Although, in terms of detection and combating of this phenomenon, apart from the basic criminal offense, the money laundering operation itself and the predicate act often constitute a problem with regard to processing, which, if is not proved can constitute an additional obstacle of the procedure against the basic offence, as well as seizure of funds that are illegally obtained through such criminal activities. In this regard, the aim of this paper is to emphasize the necessity of building a global anti-money laundering system containing legislative measures as a first step in the control of money laundering and institutional restructuring for the effective enforcement of the existing criminal legislation. Criminalization and control of money laundering is complemented by confiscation of property and property gain acquired by such criminal activity, as measure which should enable reduction of financial power of criminal offenders and possibility of further committing of crime.


Author(s):  
Nikolas Rose

What role does psychiatry play in contemporary strategies of control? How do psychiatrists and their institutions operate within all those ways of thinking and acting that aim to eliminate, minimize, or manage conduct that authorities consider undesirable? Since the middle of the nineteenth century, two great assemblages for the control of pathological conduct have taken shape in Western societies—the criminal justice system and the psychiatric system. This chapter will explore how these assemblages interact and how those who some now term forensic psychiatrists have claimed, or been given, the task of managing a multiplicity of points of tension, friction, and conflict within this dual logic of control. In doing so, the chapter considers the rise of risk thinking in psychiatry and some social, political, and ethical consequences.


2021 ◽  
Vol 8 (1) ◽  
pp. 31-48
Author(s):  
Pradeep Kumar Singh

In 21st Century, crimes committed by corporate bodies are creating more serious challenge for criminal justice system. Some vested interests which are controlling affairs of corporate bodies misuse the corporate body for commission of criminal acts to maximise profit. Corporate body is conferred with legal personality for regulation of its functions but it does not have physical body and mind of its own, thereby, problem arises for holding corporate body as criminal, and further, in imposition of criminal liability. Corporate criminal activities badly affect environment, health, safety and infra-structure development. Corporate entities are involved in corruption, forgery, money laundering, foreign exchange violations, money laundering, tax evasions, benami property transactions and other economic offences. Proper formulation of criminal justice actions and effective enforcement of corporate criminal liabilities are modern criminal justice requirements. Corporate bodies are business entities; economic wellbeing of society, prosperity of citizenry and development of nation depend on freedom of trade, amicable business environment and least regulation of corporate entities. Hereby, in determination and imposition of corporate criminal liability for betterment of society, it is necessary to make balance between to take stern actions to tackle corporate crimes and to take care to not hamper legitimate activities of corporate bodies. Law relating to corporate criminal liability in India will be analysed in this paper. Keywords: Criminal Justice System, Corporate crime, Corporate criminal liability, Natural person, Social wellbeing, Strict liability


2021 ◽  
Vol 12 (1) ◽  
pp. 444-471
Author(s):  
Jehanne Hulsman ◽  
Diogo Justino

Abstract This article affirms the centrality of the themes of public security and penal populism for the understanding of the current political situation. From this premise, we will demonstrate how these themes dealt with by antagonistic sectors of society. Then, based on the criticism of the prison and control, it will be possible to offer keys for understanding the moment in which we live and responses that oppose punitivism.


2015 ◽  
Vol 105 (5) ◽  
pp. 214-219 ◽  
Author(s):  
Sarah Bohn ◽  
Matthew Freedman ◽  
Emily Owens

Changes in the treatment of individuals by the criminal justice system following a policy intervention may bias estimates of the effects of the intervention on underlying criminal activity. We explore the importance of such changes in the context of the Immigration Reform and Control Act of 1986 (IRCA). Using administrative data from San Antonio, Texas, we examine variation across neighborhoods and ethnicities in police arrests and in the rate at which those arrests are prosecuted. We find that changes in police behavior around IRCA confound estimates of the effects of the policy and its restrictions on employment on criminal activity.


2018 ◽  
Vol 24 (2) ◽  
pp. 163-183 ◽  
Author(s):  
Ben Bowling ◽  
Sophie Westenra

This article examines institutional practices designed to control criminalized migrants in the UK and advances three arguments. First, these practices have evolved, since the early 1970s, into a bespoke ‘crimmigration control system’ distinct from the domestic criminal justice system. Second, this system is directed exclusively at efficient exclusion and control; through a process of adiaphorization, moral objections to the creation of a ‘really hostile environment’ have been disabled. Third, the pursuit of the criminalized immigrant—a globally recognized ‘folk devil’—provides a vital link between domestic and global systems of policing, punishment and exclusion. The UK crimmigration control system is an example of wider processes that are taking place in institutions concerned with the control of suspect populations across the globe.


Author(s):  
Cara Rabe-Hemp ◽  
John C. Navarro

In the study of crime media and popular culture, researchers have a wide range of research methodologies at their disposal. Each methodology or standardized practice for producing knowledge involves an epistemological foundation and rules of evidence for making a claim, as well as a set of practices for generating evidence of the claim. The research methodology chosen is contingent upon the question being studied, as each methodology has strengths and weaknesses. As the most stringent research design, experiments are unique because they are the only methodology able to establish causality. This is because experimental design’s major advantage is that researchers can control the environment, conditions, and variables that are being studied. However, experiments suffer from a major disadvantage as well: the precision and control utilized in experiments make it difficult to apply the findings to the real world, referred to as generalizability. This is especially poignant in crime media and popular culture studies where researchers are often interested in exploring how the criminal justice system, participants, and processes are socially constructed and how the mediated images impact our conceptualization of criminality and appropriate criminal justice system responses.


1969 ◽  
Vol 15 (3) ◽  
pp. 333-340
Author(s):  
Ralph Salerno

One of the few statements that can be made with complete assurance about organized crime is that doing something about it is not easy. Sizable segments of the public who are aware of it and indeed have been victimized by it won't even talk about the subject, let alone "get involved" as complainants or witnesses. Executive leaders in government, rarely commanding the re sources required to deal with organized crime, have, until re cently, ignored the subject. It comes as no surprise, then, that the criminal justice system in the United States has not responded to the record.


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