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White collar crime has expanded significantly over the course of
the past two decades. Yet, not only as the amount of national and
international legislation in the field grown, but it has also
endured changes driving it away from the classic criminal law.
These trends have been reflected in changes to national
legislation, not infrequently prompted by supranational law, for
example, in the financial or the environmental sector. New
punishing regimes have emerged, such as UN blacklisting, smart
sanctions, civil asset forfeiture, financial supervisory powers,
compliance law, and anti-money laundering laws. Furthermore, the
role of administrative sanctioning law has been growing as well as
the role of private actors in the enforcement of punitive
sanctions. The aim of this volume is to examine how various
national criminal justice systems across Europe deal with the
aforementioned challenges. In the first part, it takes a closer
look at the following national systems: France, Germany, Poland and
Sweden. Furthermore, it compares the European approach with the
American one as a source of inspiration for unresolved difficulties
and future developments. Further still, the authors explore those
challenging issues regarding the field of economic and financial
crime, including the Senior Managers Regime, corporate criminal
liability, and whistle-blowers' protection. Timely and pertinent,
this is an important new work in a fast-moving field.
This book focuses on the enforcement aspect of tobacco control
policy, and argues that the intense regulation of the tobacco
market will never be successful as long as it can be circumvented
by the availability of illicit tobacco products. Yet, current
efforts to combat illicit tobacco trade are insufficient, suffering
from several flaws and gaps at the regulatory and operational
levels. The aim of this book is to provide an analysis of the legal
framework and practice of enforcement with regard to illicit
tobacco products. Combining criminological and legal perspectives,
it presents and critically analyses the phenomenon of illicit
tobacco trade, as well as the policies, legal frameworks and
practices in six EU countries with regard to combatting this
phenomenon, assessing the strengths and weaknesses of their
approaches. Furthermore, it studies the relationship between the EU
and third countries (e.g. Ukraine) in terms of how the EU can
influence policy and enforcement in these countries in order to
counter illicit tobacco trafficking. Not exclusively focusing on
the EU, the book also includes an analysis of enforcement against
illicit tobacco products in the US. The EU Member States analysed
in the book (Belgium, Germany, Italy, Latvia, the Netherlands and
Poland) reflect the range of currently available approaches. Some
of them have ratified the WHO Protocol against tobacco smuggling;
others have not. They belong to different legal traditions and face
different challenges due to their respective border situations.
While Belgium and the Netherlands are key entry ports to the EU,
Poland and Latvia represent the Eastern land border of the EU, with
various regional challenges. Italy has a long maritime border,
where trafficking is possible from Northern Africa and from the
Middle East. It also has significant experience in fighting
organised crime. Lastly, Germany is the largest market in Europe
and situated in the middle of these trafficking routes.
Every managerial decision is risky, at least to some extent.
Conducting business is impossible without venturing into new
territories and even the most ordinary daily choices could turn out
to be failures. Excessive risk, however, can be very detrimental as
was starkly illustrated by the most recent financial crisis. By
criminalising managers' excessive risk-taking criminal law enters a
sphere which is at the core of the activity it affects. At the same
time it provides for criminal punishment for courses of conduct
that, without doubt, can be extremely harmful. The objective of
this book is to examine existing criminalisation of excessive
risk-taking as well as to analyse whether such criminalisation is
desirable and if yes, under which conditions.
Every managerial decision is risky, at least to some extent.
Conducting business is impossible without venturing into new
territories and even the most ordinary daily choices could turn out
to be failures. Excessive risk, however, can be very detrimental as
was starkly illustrated by the most recent financial crisis. By
criminalising managers' excessive risk-taking criminal law enters a
sphere which is at the core of the activity it affects. At the same
time it provides for criminal punishment for courses of conduct
that, without doubt, can be extremely harmful. The objective of
this book is to examine existing criminalisation of excessive
risk-taking as well as to analyse whether such criminalisation is
desirable and if yes, under which conditions.
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