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 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 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.

White-Collar Crime

Criminology ◽  
2009 ◽  
Author(s):  
Sally S. Simpson
Keyword(s):  
Criminal Law ◽  
Chief Executive Officers ◽  
White Collar Crime ◽  
Chief Executive ◽  
White Collar ◽  
Street Crime ◽  
White Collar Offenders ◽  
Definition Of ◽  
Executive Officers

The meaning and definition of white-collar crime is deeply contested. Most criminologists recognize that white-collar crime is different from traditional “street” crime. Disagreements center on the scope of the behavior and who, ultimately, is classified as a white-collar offender. Generally, white-collar crimes are offenses conducted by guile or concealment that involve “upper world” offenders. Broad definitions of white-collar crime can include harmful acts which are not illegal (deviance) to more narrow definitions that are tied exclusively to violations of criminal law. Depending on which definition is used, white-collar offenders may include governments, businesses, chief executive officers, professionals, welfare cheats, and individuals who illegally download software or purposefully underreport income on their taxes.

Einziehung ohne Verurteilung?

2021 ◽  
Author(s):  
Bastian Heuer
Keyword(s):  
Criminal Law ◽  
Constitutional Law ◽  
German Law ◽  
Comparative Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Nature

As an interface between constitutional and criminal law, this work addresses the legal framework of non-conviction-based confiscation in German law. It focuses on the question of the constitutionality of independent confiscation under Sec. 76a (4) of the German Criminal Code. To give a profound answer on this question, its substantive and procedural characteristics, as well as a comparative law approach, are examined. Based on these results, the legal nature of the provision is determined. This is preceded by general considerations on the determination of the legal nature, taking into account constitutional principles. It is ultimately worked out that Sec. 76a (4) of the Criminal Code must be viewed critically from a constitutional law perspective.

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 Do we need a new “recipe for salvation” of criminal law? (Mournful reflections about A.S. Alexandrov’s and I.A. Alexandrova’s article)

2021 ◽  
pp. 100-105
Author(s):  
Alexei Kibalnik
Keyword(s):  
Social Justice ◽  
Criminal Law ◽  
White Collar Crime ◽  
Criminal Liability ◽  
White Collar ◽  
Overwhelming Majority ◽  
Legal Basis ◽  
Criminal Punishment ◽  
Criminal Process ◽  
Domestic Science

This article presents a response to the work of A.S. Alexandrov and I.A. Alexandrova entitled «Proceduralstrategy for the development of criminal law in the XXI century». These authors state the decline of the Russian doctrine of criminal law, characterized by its «archaism» and the impossibility of rejecting «dogmas». They offered a very original «recipe for salvation» of the domestic science of criminal law through its «procedural revolution». The author of the article gives a number of arguments against the reasoning of Professors Alexandrovs. In particular, it is emphasized that the overwhelming majority of modern specialists in the field of criminal law do not raise the question of his «seniority» over the criminal process. Further, if the question of the criminality of an act is decided by the court and/or by the prosecution side authorities then practically any act of behavior can be arbitrarily declared criminal (or vice versa). Finally, some of the «dogmas of criminal law» that Professors Alexandrovs were talking about are simply absent in the doctrine. In particular there is no principle of «inevitability of criminal liability» as a mandatory punish-ability of any crime, the postulates of «invariability of the criminal legal basis» of responsibility, of «social justice» of criminal punishment. The article indicates that professors Alexandrov’s (deliberately or unknowingly) distorted doctrinal positions on a number of problems of criminal law (for example, on the assessment of «white-collar» crime, on the «fragmentation» of norms on fraud). A general conclusion about the inadmissibility of the «procedural revolution» of Russian criminal law is made.

White-Collar Crime and Criminal Careers

2001 ◽  
Author(s):  
David Weisburd ◽  
Elin Waring ◽  
Ellen F. Chayet
Keyword(s):  
White Collar Crime ◽  
White Collar ◽  
Criminal Careers
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