scholarly journals Can the General Fraud Offence ‘Get the Law Right’?: Some Perspectives on the ‘Problem’ of Financial Crime

2007 ◽  
Vol 71 (1) ◽  
pp. 36-53 ◽  
Author(s):  
Gary Wilson ◽  
Sarah Wilson
Keyword(s):  
Criminal Law ◽  
Policy Making ◽  
White Collar Crime ◽  
Criminal Policy ◽  
White Collar ◽  
Financial Crime ◽  
Solicitor General ◽  
Financial Crimes ◽  
The Law ◽  
Academic Study

The Fraud Bill, which received Royal Assent on 8 November 2006, created an offence of fraud in English criminal law which marks a departure of utmost significance from the approach adopted hitherto, whereby a number of related offences cover behaviour deemed to amount to fraud. To mark the passage of the Fraud Act 2006 into law, this article examines the references which were made during its consideration in Parliament to fraud as activity which is serious and which is often erroneously portrayed as ‘victimless' crime. In joining these key criminal policy-making debates with academic study of white-collar crime, it will be suggested that as yet too little attention is being paid to ‘ambiguous' popular perceptions of financial crimes for there to be confidence that the fraud offence will, in the words of the current Solicitor-General, ‘get the law right’.

scholarly journals Situational Criminogenic: The Financial Crime’s Collaborative Factors in Indonesia

2021 ◽  
Author(s):  
Supriyanto ◽  
Adrianus Meliala
Keyword(s):  
Unit Area ◽  
White Collar Crime ◽  
White Collar ◽  
Point Of View ◽  
Financial Crime ◽  
Grounded Theory Method ◽  
Financial Crimes ◽  
Cultural Status ◽  
Ponzi Scheme ◽  
Depth Interviews

Financial crimes in Indonesia from 2014-2018 were classified as quite dynamic with a total of 241,367 cases. In 2018 the legal unit area of Polda Metro Jaya had the highest number of cases of 5,526 cases of financial crimes. This study seeks to examine the determinant aspects of financial crime in Indonesia. I used the illustration of the case of First Travel and the Koperasi Simpan Pinjam (KSP) Pandawa that occurred in Indonesia with a total loss of up to IDR 1 trillion. Discussions in this paper begin from the point of view of white collar crime that elaborated with criminaloid and organizational criminogenic aspects. This study uses a grounded theory method through in-depth interviews of actors. The result is that on the criminaloid aspect, the perpetrators have a tendency to easily confess, have certain social and cultural status, has moral sensitivity and intelligence, and has skills, but hesitates in acting. Meanwhile, in the organizational criminogenic aspect, it was found that the perpetrators were in an environment with profit-oriented ambitions, had certain business perceptions, had a loyal attitude towards their group and their human resources tended to be homogeneous. The results of this study found that a supportive situation is needed in financial crime based on the illustrations of the cases used. Situational criminogenic aspects in research in the form of business that utilize religious sentiments, use a cooperative system and manage funds with a Ponzi scheme. This research will enrich criminology studies, especially in the field of white collar crime. Other than that, hopefully can be useful in the formulation of policies for stakeholders.

White-Collar Crime Defence Knowledge: Predictors of Lawyer Fame

2014 ◽  
Vol 13 (01) ◽  
pp. 1450001
Author(s):  
Petter Gottschalk
Keyword(s):  
Regression Analysis ◽  
Statistical Analysis ◽  
White Collar Crime ◽  
White Collar ◽  
Upper Class ◽  
Financial Crime ◽  
Statistical Regression ◽  
Legal Principles ◽  
Independent Variables ◽  
The Law

The white-collar crime attorney is a lawyer who is competent in general legal principles and in the substantive and procedural aspects of the law related to upper-class financial crime. Based on a sample of 310 convicted white-collar criminals and their defence lawyers, this paper presents results from statistical analysis of relationships between crime characteristics and defence characteristics to predict lawyer fame. Statistical regression analysis was applied to the sample, where amount of crime money and years in prison represent crime characteristics, while number of client cases and lawyer income represent defence characteristics. About 91% of the variation in attorney fame is explained by these four independent variables.

scholarly journals Die Ausgestaltung des lebensmittel(straf)rechtlichen Gesundheitsschutzes unter dem Einfluss europarechtlicher Vorgaben

2019 ◽  
Author(s):  
Nina Honstetter
Keyword(s):  
Criminal Law ◽  
Constitutional Law ◽  
White Collar Crime ◽  
Criminal Policy ◽  
White Collar ◽  
Health Protection ◽  
Profound Impact ◽  
European Regulations ◽  
Essential Contribution

The work deals with the basics of criminal policy, the legislative technique of economic criminal law and constitutional law. Due to the European regulations’ profound impact on food criminal law, the work addresses all issues that characterise modern white collar crime, such as the question of the determination of the legal interest, the possibilities and admissibility of legislative references in the scope of criminal law, as well as fundamental questions about the punitive nature of measures to prevent health-endangering food. The author not only deals with an area of Europeanised criminal law that is particularly relevant in terms of criminal policy and society, but also focuses on another important topic, as the health protection in food criminal law is harmonised by the provisions of the Basic Regulation (Regulation [EC] 178/2002), as is the case in only few areas being interlinked with criminal law. Therefore, the work makes an essential contribution to defining the position of food criminal law within German "Europeanised" criminal law.

scholarly journals WHITE COLLAR CRIME (KEJAHATAN KERAH PUTIH) DALAM PENEGAKAN HUKUM PIDANA

2019 ◽  
Vol 3 (1) ◽  
pp. 28-38
Author(s):  
Syahdi Buamona
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
White Collar Crime ◽  
White Collar ◽  
Government Bureaucracy ◽  
The Law ◽  
The Impact

this paper analyzes several problems, namely what is the white collar crime and how the white collar crime in criminal law enforcement. using the method used is normative juridical as for the results of the research, first, white collar crime is basically done by certain people who have a position, occupation, and position and are well-known in the life of society. The officials actually use their power in the wrong way, without paying attention to the impact on society and the country. Second, in the aspect of criminal law enforcement, white-collar crime is a crime in a position offense as a criminal event committed by people who work for a government bureaucracy and / or cooperate with other people. As a result of their actions, as well as criminal acts of corruption will be detrimental to state finances and declared an act that violates the law, both in the form of violations and crimes regulated by law.

scholarly journals Situational Criminogenic: The Financial Crime’s Collaborative Factors in Indonesia

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Supriyanto Supriyanto ◽  
◽  
Adrianus Meliala
Keyword(s):  
Unit Area ◽  
White Collar Crime ◽  
White Collar ◽  
Point Of View ◽  
Financial Crime ◽  
Grounded Theory Method ◽  
Financial Crimes ◽  
Cultural Status ◽  
Ponzi Scheme ◽  
Depth Interviews

Financial crimes in Indonesia from 2014-2018 were classified as quite dynamic with a total of 241,367 cases. In 2018 the legal unit area of Polda Metro Jaya had the highest number of cases of 5,526 cases of financial crimes. This study seeks to examine the determinant aspects of financial crime in Indonesia. I used the illustration of the case of First Travel and the Koperasi Simpan Pinjam (KSP) Pandawa that occurred in Indonesia with a total loss of up to IDR 1 trillion. Discussions in this paper begin from the point of view of white collar crime that elaborated with criminaloid and organizational criminogenic aspects. This study uses a grounded theory method through in-depth interviews of actors. The result is that on the criminaloid aspect, the perpetrators have a tendency to easily confess, have certain social and cultural status, has moral sensitivity and intelligence, and has skills, but hesitates in acting. Meanwhile, in the organizational criminogenic aspect, it was found that the perpetrators were in an environment with profit-oriented ambitions, had certain business perceptions, had a loyal attitude towards their group and their human resources tended to be homogeneous. The results of this study found that a supportive situation is needed in financial crime based on the illustrations of the cases used. Situational criminogenic aspects in research in the form of business that utilize religious sentiments, use a cooperative system and manage funds with a Ponzi scheme. This research will enrich criminology studies, especially in the field of white collar crime. Other than that, hopefully can be useful in the formulation of policies for stakeholders.

scholarly journals THE JUDICIAL CONSTRUCTION RELATING TO THE TERRORISM CASES (REALITY AND PROSPECTS)

2021 ◽  
Vol 03 (03) ◽  
pp. 473-482
Author(s):  
Fawzi Abdelsalam Mohammed AL-KILNI ◽  
Ebtisam Hassan Salem Ben ISSA
Keyword(s):  
Working Conditions ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Policy ◽  
Developed Countries ◽  
The Other ◽  
High Concern ◽  
The Law ◽  
The Developed Countries ◽  
The Military

The current study aims to discuss and investigate one of the most prominent and important issues that has been in constant debate in all the previous researches and studies dine in the scope of criminal law ; especially those regarding the juridical construction relating to the terrorism cases. The main attempt of this research is to evaluate the criminal policy of the Libyan Legislation issuing law no.3 for the year 2014 concerning Terrorism combating. Disregarding the recent issuing of the law in subject, the above-mentioned law is of great importance due to its high concern of the juridical apparatus of combating terrorism. However, what makes a wonder herewith is the Libyan legislation has been taking a step backwards when the law (4) was issued in 2017 in regarding of the amendment of the provisions of both the Military Penal Code and the Code of Military Procedures which has already mandated the judiciary of offenders of terrorism according to the terms identified in Article 3. Herewith, the perception of the effectiveness and functionality of the above-mentioned law is not possible without paying the attention to reviewing the jurisdiction from one hand and the working conditions of the judges from the other hand. However, the good conduct of the judges’ work depends heavily on doing several improvements for these apparatus, in addition to promoting the juridical capabilities by supporting these apparatus with the modern facilities, utilizing the experience of the developed countries in this regard. Therefore, the prospects are addressed to developing the juridical construction properly according to the principles of the defense rights and the fair trial as these principles are the constitution fundamentals and the traits of the criminal-justice system.

scholarly journals PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Suwarsa
Keyword(s):  
Criminal Law ◽  
Analytical Approach ◽  
Criminal Policy ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Concept ◽  
Normative Approach ◽  
Positive Law ◽  
The Law

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

scholarly journals Hypotheses on the causes of financial crime

2019 ◽  
Vol 27 (1) ◽  
pp. 245-257
Author(s):  
Vincenzo Ruggiero
Keyword(s):  
Design Methodology ◽  
White Collar Crime ◽  
Economic Thought ◽  
Financial Crime ◽  
Content Type ◽  
Classical Economics ◽  
Financial Crimes ◽  
Universal Values ◽  
Classical Economic ◽  
And Control

Purpose The purpose of this paper is to examine the aftermath of the 2006-07 financial crisis and attempts to identify a range of causes that were responsible for it and are likely to trigger similar events in the future. The analytical tradition established by the study of white-collar crime provides the background for such an examination, which avails itself of some conceptualisations derived from classical economic thought. Design/methodology/approach Explanations of financial crime can resort to general theories based on allegedly universal values. They can posit the existence of criminaloids, namely, individuals who indulge in illegal practices, or ‘honest fraud’, while not deeming themselves culpable. Anomie and control theory in criminology have highlighted how the causes of financial crime are associated with general criminogenic contexts or with individual propensities or mindsets. This paper adds to the existing perspectives a number of variables that can provide a more nuanced picture of financial crimes. Findings This paper attempts to identify a range of discrete variables that can be termed interstitial in the sense that they can accompany a variety of theoretical hypotheses, locate themselves in the space left in between the different approaches while providing supplementary analytical foci. Ignorance, entitlement, reverse Keynesianism, recklessness, efficiency and the finance curse may offer additional angles from which the causation of financial crime can be observed. Sociological and criminological arguments, in this paper, are interspersed with notions derived from classical economics. Originality/value The originality of this contribution is to be found in its use of different theoretical traditions, establishing a dialogue between social theory, criminology and economic thought.

scholarly journals White-collar crime

2017 ◽  
Vol 19 (2) ◽  
pp. 120-126 ◽  
Author(s):  
Petter Gottschalk
Keyword(s):  
Law Enforcement ◽  
Empirical Evidence ◽  
Religious Belief ◽  
White Collar Crime ◽  
White Collar ◽  
Religious Organizations ◽  
Deterrent Effect ◽  
Financial Crime ◽  
Delinquent Behaviour ◽  
Neutralization Techniques

Policing religious organizations presents challenging situations. When there is suspicion of financial crime by white-collar criminals, secrecy and trust represent obstacles to law enforcement. This article discusses the lack of detection and neutralization techniques often applied in religious organizations. There may be too much trust, too much freedom, too much individual authority, too little scepticism, too much loyalty and too little control of the financial side in religious organizations. There may be no empirical evidence for the proposition that religion has a deterrent effect on crime, although sociologists and criminologists have long recognized potential links between religious belief and delinquent behaviour.

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