Download or read book Principios de Derecho Penal Econ mico written by Lorena Varela and published by Siglo del Hombre Editores. This book was released on 2021-11-26 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: El Derecho Penal Económico sigue presentando desafíos interesantes para la investigación y esto a su vez, el que se encuentre en permanente movimiento, es su principal punto fuerte. El Derecho Penal económico es la parte más viva e inquieta del Derecho Penal, casi que asusta la forma en cómo se desarrolla y cómo se conecta con diversas realidades sociales, otras ramas del conocimiento, sectores del Ordenamiento Jurídico e instancias supranacionales. Últimamente, el avance de la tecnología en la gestión de la economía viene produciendo un fuerte cambio en el tráfico comercial entre los agentes económicos, en especial, entre empresas y particulares por su relación asimétrica, fenómeno que va en aumento y que permite pronosticar que tanto la autorregulación como la criminalidad económica comenzarán a concentrarse en ese sector. Asimismo, la influencia cada vez más directa de la Gobernanza Global en la hoja de ruta de los Derechos nacionales está conduciendo a una hiperregulación de las relaciones económicas que lleva a plantearse la necesidad de abrir líneas de estudio en esa dirección, entre otras cosas, para concretar el alcance de la serie de deberes a los que se encuentran sometidos los ciudadanos, incluido el ciudadano corporativo. La obra que se presenta como primer número de la Colección Derecho Penal Económico de la editorial J.M. Bosch Editor no tiene pretensión manualística, sino de aproximación valorativa a una serie de aspectos que forman parte de la dinámica de la criminalidad económica y del Derecho Penal económico actuales y que se entienden necesarios de abordar como paso previo al desarrollo de futuros aportes de mayor profundidad. Lorena Varela La profesora Dra. Lorena Varela es miembro investigador, del Instituto de Derecho Penal Económico y Derecho Penal Internacional, que dirige el profesor Marco Mansdörfer en la Universität des Saarlandes, Alemania. También se desempeña como profesora de Derecho Penal en la Universidad Internacional de La Rioja, España y como profesora invitada en la Universidad Nacional del Nordeste, Argentina. Autora del libro Dolo y error. Hacia una imputación auténticamente subjetiva publicado por J.M. Bosch Editor (Barcelona, 2016). Marco Mansdörfer El profesor Dr. Marco Mansdörfer es titular de la cátedra de Derecho Penal y Derecho Procesal Penal alemán y europeo, incluido el Derecho Penal Económico en la Universität des Saarlandes, Alemania. Completó su habilitación durante el 2010 con su escrito Zur Theorie des Wirtschaftsstrafrechts y en el año 2013 fundó el Instituto de Derecho Penal Económico Internacional y Europeo en la misma universidad. El profesor Mansdörfer cuenta con una larga trayectoria de más de veinte años en la investigación y enseñanza del Derecho Penal económico y el Compliance internacional. Asimismo, asesora a empresas y agentes económicos en materia de prevención de riesgos penales, así como en la defensa contra medidas de persecución penal.
Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Download or read book Money Laundering Through Art written by Fausto Martin De Sanctis and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art world has been discovered by criminals as an effective way for money laundering and other clandestine activities on an international level. Unfortunately, in most countries investigators, prosecutors, judges, and regulatory agencies are not equipped to accurately detect, investigate and prosecute this type of criminal activity. Also, regulation and international laws and treaties involving the art world have many loopholes that can potentially lead to the laundering of large sums of money. This book provides a bird’s eye view of novel ways in which money laundering happens through illegal activities involving art. It can serve as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb money laundering and financing of terrorism, revealing why somehow new techniques used by criminals have been neglected by law enforcement in most countries. Drawing from his own experience with the matter in both Brazil and in the United States, the author makes a case for broader institutional and regulatory improvement, extending beyond mere regulation of the art market.
Download or read book Crisis of the Criminal Law in the Democratic Constitutional State written by Eduardo Demetrio Crespo and published by Springer Nature. This book was released on 2023-03-13 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Download or read book Football Gambling and Money Laundering written by Fausto Martin De Sanctis and published by Springer. This book was released on 2014-05-05 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional football means many things to many people. For players, a means to possible fame and fortune. For fans, a source of local or national pride, and perhaps the chance to score with a few bets. For criminal organizations, a cover for making millions in corrupt enterprises. In the world of gambling this is no different. Football, Gambling, and Money Laundering describes in impressive detail the scope of the problem, the layers of denial that allow sports-related financial crime to flourish, and the steps that are being taken--and that need to be taken--to combat illicit operations in the sports world. Expert analysis explains criminal activity in the context of football, and how sports governing bodies, the media, and others have created a culture that regularly turns a blind eye. International data and instructive legal case examples shed light on the role of the Internet in the spread of gambling and money laundering as well as the strengths and weaknesses of current law enforcement, legislative, and sports-based efforts in fighting corruption. Included in the coverage: • Criminal activity in the sports world • Financial crime and exploitation in football and gambling • Legal wagering and illegal betting, including online • Illegal and disguised payment instruments used by organized crime • International legal cooperation in combating money laundering • National and international proposals for improving the sports and gambling industries to prevent money laundering An authoritative reference to a growing and wide-reaching concern, Football, Gambling,and Money Laundering will find an interested audience among academics, prosecutors, judges, law enforcement officials, and others involved in efforts to curb corruption and money laundering in the world of football.
Download or read book Towards a Four Tiered Model of Mediation written by Hugo Luz dos Santos and published by Springer Nature. This book was released on 2023-02-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).
Download or read book Global Criminal Law written by Adán Nieto Martín and published by Springer Nature. This book was released on 2021-10-25 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
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 Derecho penal econ mico written by Luis Arroyo Zapatero and published by . This book was released on 2002 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Churches Temples and Financial Crimes written by Fausto Martin De Sanctis and published by Springer. This book was released on 2015-03-28 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eye-opening volume examines ways in which religious institutions can be misused to mask illegal financial dealings, and steps law enforcement can take to combat these criminal activities. The chapters review legal rights and responsibilities of churches and the types of loopholes that can allow unscrupulous practices to flourish. This book offers local and global proposals for the study and practice of improving financial transparency for religious organizations, and assessing and curbing monetary crimes within their ranks. A sampling of criminal cases of financial wrongdoing by churches and temples spotlights the ingenuity involved in such scams as well as in the ongoing fight against them. Included in the coverage: • Religious freedom in the U.S. and Brazilian constitutional orders • Government regulation of religious organizations • Criminal investigations and cases involving financial crimes practiced by and through religious institutions • International religious activities and legal cooperation for repatriation of assets • Payments through illegal and disguised means, and the misuse of churches, temples, and charitable organizations •Proposals to improve the war against financial crimes within temples and churches Its unique subject matter and depth of information makes Churches, Temples, and Financial Crimes distinctly useful for professionals involved in efforts to curb this form of crime, particularly law enforcement personnel, prosecutors, and judges.
Download or read book The Principle of Mutual Recognition in EU Law written by Christine Janssens and published by OUP Oxford. This book was released on 2013-10-31 with total page 1970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.
Download or read book Punishment And Culture written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. The work reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Download or read book Cuban Studies 34 written by Lisandro Perez and published by University of Pittsburgh Pre. This book was released on 2004-02-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cuban Studies has been published annually by the University of Pittsburgh Press since 1985. Founded in 1970, it is the preeminent journal for scholarly work on Cuba. Each volume includes articles in both English and Spanish, a large book review section, and an exhaustive compilation of recent works in the field.
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 Rethinking Money Laundering Financing of Terrorism in International Law written by Roberto Durrieu and published by Martinus Nijhoff Publishers. This book was released on 2013-05-16 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.
Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Download or read book Introduction to the Law of Argentina written by Ursula Basset and published by Kluwer Law International B.V.. This book was released on 2018-09-10 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argentina’s new Civil and Commercial Code Código Civil y Comercial de la Nación has led to the adoption of a number of modern institutions in several branches of law. This book provides a review of them identifying the basic legal sources and concepts of Argentinian law as it stands today. It offers an up-to-date, systematic, and critical rendition of the principal branches of the law and provides the necessary historical background. With twelve chapters written by Argentinian experts in their respective fields of law, this is the ideal starting point for research whenever a question of Argentinian law must be answered. The authors clearly explain the legal customs, provisions, and rules arising in the following areas: - sources and history; – constitutional law; – administrative law; – law of the persons; – legal persons; – family law; – contract law; – law of property; – inheritance law; – criminal law; – procedural law; and – private international law. A detailed bibliography follows each chapter. This concise and practical guide is sure to provide interested parties with a speedy and reliable opening to whatever aspect of Argentinian law they need to research. It will be welcomed by practicing lawyers, business people, government officials, academic researchers, and law stu dents interested in an overview of Argentinian law and institutions.