Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Download or read book Regulating Corporate Criminal Liability written by Dominik Brodowski and published by Springer. This book was released on 2014-06-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.

Download or read book Corporate Compliance on a Global Scale written by Stefano Manacorda and published by Springer Nature. This book was released on 2021-11-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents an innovative and critical analysis of corporate compliance from an interdisciplinary and international perspective. It defines the historical framework and the various roles played by corporate compliance in today's context. It questions how different cultures affect economic behaviors and under which conditions the individual choices may be directed toward law-abiding behavior. Examining corporate compliance as a tool of criminal and regulatory policy strategies in different countries and sectors, this book also aims to provide a picture of the dimension and scope of the public-private partnership, focusing on the prevention and detection of corporate crimes. It analyzes the effects of corporate compliance on the internal organization in terms of cost-benefit assessment, as well as the opportunities in technical innovation for detecting and controlling risk.

Download or read book The Protection of the environment through criminal Law written by J.L. De La Cuesta and published by Maklu. This book was released on 2017-02-02 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.

Download or read book Criminal Law in Spain written by Lorena Bachmaier Winter and published by Kluwer Law International B.V.. This book was released on 2020-03-20 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Spain. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Spain. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.

Download or read book La responsabilidad criminal de las personas jur dicas written by María de los Ángeles Villegas García and published by . This book was released on 2016 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: La exigencia efectiva y real, en nuestro ordenamiento, de responsabilidad penal a las personas jurídicas tiene aún un largo camino por recorrer, pues son muchos los problemas teóricos y prácticos que se plantean. En este contexto, el conocimiento profundo de un sistema, como el de los Estados Unidos de América, donde la exigencia de dicha responsabilidad cuenta con una larga tradición resulta especialmente interesante. Una buena muestra de ello son los criminal compliance. En nuestro ordenamiento estos programas de cumplimiento o modelos de organización y gestión son una novedad reciente pero en los Estados Unidos han sido objeto de un prolongado y profundo debate sobre su eficacia, que merece nuestra atención. Así mismo, el examen sobre cómo, en el modelo federal estadounidense, la responsabilidad penal de las personas jurídicas se exige a través de los acuerdos con la Fiscalía muestra los efectos que en este ámbito podría tener el ejercicio discrecional de la acción penal por parte del Ministerio Fiscal.

Download or read book Preventing Corporate Corruption written by Stefano Manacorda and published by Springer Science & Business. This book was released on 2014-04-28 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.

Download or read book The Transnationalization of Anti Corruption Law written by Régis Bismuth and published by Routledge. This book was released on 2021-05-27 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

Download or read book Constructing Legal Discourses and Social Practices written by Girolamo Tessuto and published by Cambridge Scholars Publishing. This book was released on 2016-05-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades, legal language and its representation of social action, social actors and social practices have provided systematic insights into the meaning and function of text, discourse or talk realised in academic, professional and institutional sites of communication, and generated a variety of data for analysis, method and theory. Constructing Legal Discourses and Social Practices, the first issue of the Legal Discourse and Communication international series, looks descriptively and interpretatively at the realised forms of legal discourse and how these are framed and organised by social practices within distinctive sites of legal communication. The four main parts of the book provide a broad coverage of key issues and perspectives arising from a variety of genres (spoken, as well as written) employed in institutional, professional and organisational communication of the law, and bring into focus recent research where language and law play out in the real world. This invaluable book is multi-dimensional and multi-perspectival in its design and implementation, and will be an essential reference for those researching and working in the areas of applied linguistics and for postgraduate students.

Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Download or read book Cybercrimes and Financial Crimes in the Global Era written by Yanping Liu and published by Springer Nature. This book was released on 2022-08-12 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, the book informs readers about emerging trends in the evolution of international crime involving cyber-technologies and the latest financial tools, as well as future challenges that could feasibly be overcome with a more sound criminal legislation framework and adequate criminal management. In turn, the book highlights innovative methods for combating financial crime and cybercrime, e.g., establishing an effective supervision system over P2P; encouraging financial innovation and coordination with international anti-terrorism organizations and multiple countries; improving mechanisms for extraditing and punishing criminals who defect to another country; designing a protection system in accordance with internationally accepted standards; and reforming economic criminal offenses and other methods that will produce positive results in practice. Given its scope, the book will prove useful to legal professionals and researchers alike. It gathers selected proceedings of the 10th International Forum on Crime and Criminal Law in the Global Era (IFCCLGE), held on Nov 20–Dec 1, 2019, in Beijing, China.

Download or read book AI Approaches to the Complexity of Legal Systems written by Pompeu Casanovas and published by Springer. This book was released on 2014-12-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR).

Download or read book Detecting Accounting Fraud Before It s Too Late written by Oriol Amat and published by John Wiley & Sons. This book was released on 2019-04-08 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detect accounting fraud before it’s too late Accounting fraud is the deliberate manipulation of accounting records in order to make a company's financial performance seem better or worse than it actually is. Accounting scandals often have catastrophic consequences for shareholders and employees. Thus, analysts and auditors must be equipped to detect accounting fraud. This book is a comprehensive guide to detecting accounting fraud for auditors investigating accounting fraud and analysts/managers seeking to prevent it. A wide variety of warning signs are described, as are several techniques for detecting and addressing fraud. Understand the motivations and warning signs behind accounting fraud Get to know how accounting fraud is done and how to detect it Avoid the losses that often come from accounting fraud Benefit from case studies throughout to that help illustrate the author's points It’s unfortunate that managers, auditors, and analysts must be wary of accounting fraud—but this book equips you with the know-how to detect it before it’s too late.

Download or read book The Handbook of White Collar Crime written by Melissa L. Rorie and published by John Wiley & Sons. This book was released on 2019-09-13 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.

Download or read book The enforcement dimension of the single supervisory mechanism written by SILVIA ALLEGREZZA and published by CEDAM. This book was released on 2020-09-14 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the sheer complexity of the SSM’s institutional design adopting an comprehensive approach to banking supervision. At its core, this work examines the tangible mechanisms of prudential regulation or supervision both at the European and national levels, offering a comparative analysis of ten national systems. Reflecting the results of an intensive, four-year research project that saw the collaboration of academics and practitioners, it addresses two interrelated issues. It investigates the efficacy of the shared national- and EU-level enforcement system the EU introduced in reaction to the financial and banking crisis.Secondly, it scrutinizes the role that criminal law can play in sanctioning the breaches to banking regulation.

Download or read book General Reports of the XVIIIth Congress of the International Academy of Comparative Law Rapports G n raux du XVIII me Congr s de l Acad mie Internationale de Droit Compar written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-29 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.

Download or read book Participation in Crime written by Alan Reed and published by Routledge. This book was released on 2016-05-13 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.