Economic Offenses Research Articles

Vijay Madanlal Choudhary v Union of India: A systematic breakdown of protections against testimonial compulsion during criminal investigations

The judgment of the Supreme Court of India in Vijay Madanlal v Union of India follows a long history of judicial exceptionalism in dealing with ‘economic offences’, and in doing so, further dilutes the safeguards that apply to ordinary criminal investigations under the Constitution of India 1950, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872. This article argues that the distinctions between ‘investigation’ and ‘inquiry’, and between the police and the Enforcement Directorate, in the Prevention of Money Laundering Act 2002, are specious and unjustified. It problematises the question, ‘Who is a police officer?’ as misleading, critiques the Court’s conclusions regarding the powers and immunities of the Enforcement Directorate, and argues that the Court’s judgment leads to a systematic breakdown of the protections against testimonial compulsion available during ordinary criminal investigations when it comes to offences under the Prevention of Money Laundering Act 2002.

Criminal law analysis regarding liability for establishing and managing financial Ponzi schemes in certain countries

Relevance. Crimes related to investment (financial) pyramids pose a threat to state stability and the economic security of both the country and the individual citizens. The research relevance is predetermined by the need to ensure effective counteraction to the phenomenon in the current environment. Purpose. The research aims to analyse the criminal legislation of the United States of America, Germany, China and Russia concerning combating pyramid schemes to develop proposals for further improvement of the legislation of the Republic of Kazakhstan on this issue. Methodology. The analytical, comparative, statistical, legal, and dogmatic methods were used. Results. The authors conducted a comparative analysis of the criminal law provisions in Kazakhstan and other jurisdictions, examining the various ways in which liability for establishing and operating pyramid schemes is codified, including the different forms, approaches, and techniques employed in the legislative framework. The authors identified common and distinctive trends and developed recommendations for improving the legislative framework in this area. The authors provides a forensic characterisation of the crime of creating and organising pyramid schemes. The statistical data of the Republic of Kazakhstan on this type of crime are studied. In addition, the authors identifies the criteria by which preliminary investigation of this category of crimes should be carried out, which will contribute to a more effective investigation and prosecution of perpetrators. Conclusions. This study contributes to deepening the scientific understanding of the topic and improving legislation. The results of the study can be used by law enforcement agencies, legislative bodies, and the scientific community to develop and improve legal norms and procedures related to combating pyramid schemes. Keywords: investment manipulation; historical development; comparative characteristics; economic offences; pre-trial investigation

Criminal and civil liability of the wrongdoer in economic offences under Jordanian legislation

Most countries tend to confront economic crimes through their own economic laws. The study focused on showing the specificity of the mental element of economic crimes, which has extraordinary rules that are outside the general rules of offences established in the Penal Code. Most economic legislation treats wrongdoing offences as intentional. Here, the weakness of the mental element of economic crimes appears, being presumed. So that the legislator merely finds a mistake to inflict punishment. Derogating from the general rules, where punishment is imposed for acts of wrongdoing in economic crimes. The study also examines civil liability for damages and financial compensation. The mere fact that the offender has achieved the criminal result is punishable regardless of whether the offender's will exists or not. Because of the nature of the error in economic offences, the unintended economic offence is not subject to the provisions of the general provisions of the Penal Code. Economic offences are characterized by the imposition of severe and deterrent penalties. To achieve public and private deterrence and maintain security and the national economy

LA “CONDOTTA LIBERA” DELL’ILLECITO SPORTIVO DE IURE CONDENDO NELLA GIUSTIZIA SPORTIVA DELLA F.I.G.C.

The paper aims to offer a functional contribution, and in certain respects operational, to the experts on sports law who engage in the sector’s procedural dynamics, other than a scientific in-depth analysis of substantial and procedural subjects of the present case of match-fixing, with particular reference to the F.I.G.C. sports justice system. After a brief overview of the reference regulatory framework, the article issues a view of the concrete cases which has enriched de iure condendo the set of substantial and procedural rules applicable specifically to alterations of the course or the result of a match in the football world. From the notorious “Calciopoli” trial to the recent ‘capital gains case’, which has affected the European competitions’ rankings and the top divisions in Italian football and which, although it cannot relate to a combine on the field, being a managerial and economic offense, has profoundly altered the juridical understanding of the principles of loyalty and fair play, where the economic and financial behaviors of football clubs decisively invalidate the regularity of the championships.

ФІНАНСОВИЙ МОНІТОРИНГ ЯК ІНСТРУМЕНТ МІНІМІЗАЦІЇ ТІНЬОВОЇ ЕКОНОМІКИ

Considering the realities of today and the military situation in Ukraine, the state cannot afford for the economy to work in a negative direction. When armed aggression is carried out against our state, all taxes must work exclusively for victory, therefore, control over the receipt and use of funds of taxpayers, international organizations and national governments must be carefully monitored to avoid their embezzlement. Financial monitoring is the most effective mechanism for controlling financial transactions, therefore, improving the approaches to the work of entities is fundamentally necessary to increase the flow of funds to the state budget and reduce abuses in financial transactions. Granting the status of a subject of state financial monitoring to the State Tax Service of Ukraine (hereinafter -DPS of Ukraine) will introduce completely new approaches in the fight against economic offenses, including economic crime. The presence of a large number of information databases with their filling in the DPS of Ukraine with the provision of a participant of the state subject of financial monitoring will allow to reduce the impact on the state budget of Ukraine of tax evasion and avoidance schemes, namely: offshore schemes, conversion centers, entanglements, gray imports, smuggling and others, which will positively affect the development of the economy and the reduction of economic crimes. The enforcement of new approaches in the new subject of financial monitoring will provide opportunities for a more thorough analysis of clients by banking institutions and will improve the intra-bank monitoring system.

Developing and validating a cashless transaction adoption model (CTAM)

Purpose This paper aims to develop and validate a cashless transaction adoption model (CTAM) that integrates all essential elements to investigate the adoption of “cashless transactions (CLT)”. Design/methodology/approach The researchers surveyed 375 respondents from each of Bengaluru’s eight zones in India. In addition, using the respondents’ replies, a “partial least squares-based structural equation modelling (PLS-SEM)” technique was used to analyse the relationship between the components. Findings The results of CTAM reveal that 12 independent variables explain 84.7% of the variation in behavioural intention to adopt CLT. In addition, performance expectancy is the strongest predictor of users’ intentions to embrace CLT, followed by perceptions of the economy’s security and economic offence reduction, social influence, perceived trustworthiness, the expected level of effort and innovativeness. Furthermore, in terms of impediments, perceived risk and cost are the negative influence factors that affect behavioural intention to adopt CLT. Originality/value The research successfully developed and validated a comprehensive CTAM that integrates essential elements to investigate the adoption of CLT. Consequently, this research, for the first time, elucidates the precise role of “Perceived Economic Offense Reduction (PEOR)”, “Perceived Economic Benefit (PEB)” and “Perceived Economy’s Security (PES)” in influencing individuals’ behavioural intentions towards adopting CLT. Accordingly, this CTAM offers a more in-depth explanation than any other research for understanding why individuals embrace CLT systems.

A Smart City Is a Safe City: Analysis and Evaluation of the State of Crime and Safety in Polish Cities

The concept of a smart city is based on the extensive multidimensional use of information and communication technologies to create the most favorable living conditions for residents and visitors. It is also important to create favorable conditions for economic activity while respecting the environment. One of the most important dimensions of this concept is security in the broadest sense, particularly that which concerns urban residents. This article addresses this subject by analyzing crime and determining the state of safety in 16 Polish provincial cities between 2013–2022. The measure of this state was chosen to be a set of indicators characterizing a number of registered criminal and economic offenses in the studied cities. On this basis, values of the indices of the dynamics of change for these offenses in individual cities in the analyzed period were determined. In the next stage, the number of offenses was compared to the number of residents of the cities under study and the indices of concentration for total offenses (LQT) and for individual types of offenses (LQn) were determined. Based on these results, the studied cities were divided into four concentration levels. Afterward, these results were used for a multi-criteria analysis of the safety of studied cities, which was carried out using the TOPSIS method. The calculated values of the safety index (Pi) formed the basis for creating a ranking and specifying security levels of studied cities. The results indicate a wide variation among the cities in terms of safety levels. Gdańsk, Bydgoszcz, Olsztyn and Zielona Góra were found to be the safest cities, while Szczecin was found to be the least safe. The methodology developed and the results obtained show the validity of conducting comparative research in areas relevant to the implementation of the smart cities concept. The knowledge gained can be used to build strategies and conduct policies with regard to improving safety in cities, especially those aspiring to be smart cities.

Applicability of Legislations Criminalizing Economic Offences to the Cases of Trafficking in Persons for Commercial Sexual Exploitation.

The paper analyses the current legislation regarding Economic Offences in Maharashtra, namely Maharashtra Control of Organized Crime Act, 1999, Prevention of Money Laundering (Amendment) Act, 2012 and the possibility of charging the accused for Commercial Sexual Exploitation of trafficked under economic offences. The paper establishes the scope of applicability of Economic Offences to plug the gap of prosecution and smooth functioning of the Criminal Justice System.

The Repercussion of Economic Offences in India

Economic offences form a separate category of crimes under criminal offences. Socioeconomic offences are crimes that have an impact on a society’s economic and financial well-being. These offences are usually committed by individuals or corporations with significant financial resources, and the economy’s results can be severe. A few high-profile incidents of socioeconomic offences have occurred in India in recent years, bringing the subject to the forefront of public attention. This blog article will look at the impact of socioeconomic crimes on the Indian economy, as were laws and regulations in place to combat them. This paper discus about various economic offences, the relevant legislation and concerned enforcement authorities and their various duties observed in different environmental conditions. Economic offences not only inflict pecuniary losses on individuals but also damage the national economy and have security implications as well. The offences of smuggling of narcotic substances, counterfeiting of currency and valuable securities, financial scams, frauds, money laundering and hawala transactions etc. evoke serious concern about their impact on national security. The economic activities are listed based on their offences and related to the law through investigative officers and related agencies or departments. This paper mainly focuses on the various offences all over India mainly concentrating on the metropolitan cities and their population ratio bases. This research deal with agitate economic offences detected by tenement officials and action taken by the Jurisdictional authority through their truth and fact of evidence. This article discusses the key economic crimes that are highlighted, as well as the numerous official government responses to the crime and the jurisdictional measures taken to defend against them under different conditions that promote both the development of the financial sector and the country

The generic legal object and the subgroup legal object of the offenses provided in art. 238 of the Criminal Code

In the present study is identified the generic legal object and the subgroup legal object of the offenses provided in art. 238 of the Criminal Code of the Republic of Moldova. It is noted that the generic legal object of these offenses is the economy of the Republic of Moldova, as well as the social relations related to this value. It is revealed that by law, the named offenses have the same generic legal object when they are expressed in obtaining, from the insurer, an insurance compensation or indemnity, through fraud. However, the acquisition of insurance compensation or indemnity by fraud should form the content of a separate norm, and relocated in the content of Chapter VI ”Crimes against patrimony” of the special part of the Criminal Code (along with fraud crimes). It is also noted that the offenses provided in art. 238 of the Criminal Code of the Republic of Moldova are listed among criminal acts that possess the same subgroup legal object, on the basis of which they are dissociated from other economic offenses, which form other subgroups.

Zwalczanie drobnych kradzieży w polskim ustawodawstwie karnym oraz praktyce ścigania i orzecznictwa

The study is concerned with the fight against petty larcenies of public anid private property. The “petty’ larcenies embrace both privileged types of effences (article 199 § 2 and 203 § 2 of the penal code) and misdemeanors (article 199 § 1 and 2 of the code of misdemeamors). The study is of historical and comparative nature and tackles two mutually interconnected themes: the legislative and penal policy. Accordingly, the development of the legislation related to petty larcenies is traced back to the enactment of the penal code in 1932, then the new code of penal law passed in 1969, as well as the law on misdemeanors of 1971. Next, against the background of statistical data, the main trends of prosecution policy and jurisdiction are presented. The successive legislative measures that result in practical trends have been shown against the background of political-criminal concepts prevailing in respective periods and relating to the prosecution of minor economic offences. Of special concern are the concepts that emerged in the sixties and are still topical at present. They have found their legislative manifestation in, among thers, the requalification of certain minor offences, larcenies included, into misdemeanors (the Act of June 16„ 1966), the enrich ed catalogue of penalties that do not require isolation (the penal cod of 1969) and the grounds for their adjudication, finally, the introduction of a new penal measure — a conditional discontinuance of legal proceedings — which could be availed of by courts and prosecutors.The mentioned legislation resulted in specific situation, since penal policy towards petty larcenies (similarly to other acts qualified as misdemeanors, but which still have their counterparts in penal code but are different from the latter in respect of quantitative properties) is carried out by three organs independently: courts, bodies of citizens having jurisdiction over minor offences, and prosecutors.The above statutory. “model” of fighting petty larcenies results as testified by empirical research, in several, frequently negative phenomena both in prosecution and jurisdiction, and has been critically assessed in the final party of the study. The assessment has been made in normative, criminological and penal-political terms, moreover, some postulates of changes have been directed to the legislator and the organs of the administration of justice.

Problematic Aspects of the Classification of Forensic Economic Examination

The theoretical-methodological foundations of the development of forensic economic examination regarding the determination of classification features of its species composition have not only theoretical-methodological, but also direct practical significance in the activities of expert economists, as well as judicial investigative bodies in the event that the latter appoint this type of examinations. This research paper’s purpose is to study the criteria for the classification of forensic economic examinations, established by soviet scientific thought, aimed at improving the systematization of their species composition. Using the techniques of analysis, synthesis, induction, deduction and generalization, it was determined that the emergence of new types and sorts of forensic economic examinations depends on factors that can be combined into two groups: 1) socio-economic relations — a change of their format; 2) judicial and investigative practice —emergence of new objects of research and tasks; 3) economic offenses — new ways, techniques of committing economic crimes. It has been established that the structural differentiation of this type of forensic examinations is due to the procedural needs of the judicial and investigative practice. It has been found that the criterion for systematization of the species composition of forensic examinations belongs to the economic plane, namely to the distribution of social production into the spheres of material and immaterial production. The next stage of the distribution of economic examinations is to the relevant industries according to certain types of activity with the definition of the main criterion of classification — according to the type of production activity. Thanks to this, compliance with the set of requirements for the scientifically based selection of classification criteria with the distinction of sorts and types of economic examinations is ensured.

The Extent of Considering Environmental Crimes as a Manifestation of Economic Crimes

The damage caused by environmental crimes may be hidden, but it greatly impacts life. Environmental violations are increasing in light of the great impotence that may characterize the legal systems to confront such crimes. At the international level, the legislation also has little effect because of the continued expansion of the circle of environmental crimes. On the other hand, economic crimes face great interference from the concerned authorities. If we look at these crimes, we find that environmental crimes are more dangerous, not less or perhaps more than them, which opened the door to the question of the possibility of considering environmental crimes within the range of economic crimes to obtain the quality of strict legal procedures applied in the framework of environmental crimes, this is in order to achieve an effective response to environmental crimes. The study explained and treated it by achieving legislative and legal approaches between environmental and economic crimes. The study concluded that environmental offences should be prosecuted similarly to economic offences, just as economic crimes attracted the legislator's attention to developing legislation compatible with the seriousness of environmental crimes.

A comparative study of recidivism factors associated with different offense categories in South Africa

The dearth of official, accurate reoffending data and empirical insight into the factors associated with recidivism in South Africa, including the overrepresentation of violent and sexual offending in the recidivism literature can be argued to negatively impact the development of effective interventions and associated policies. The current study therefore explored the differences between recidivists (N = 202) from different offending categories with respect to cognitive-behavioral, victimogenic, social, environmental, substance use and employment variables. The findings indicated a significant comparative difference in deviant decision-making patterns by sexual offenders, justification of offending behavior by narcotic offenders and involvement in gangsterism and substance use by aggressive offenders. Economic offenses were also significantly more frequently committed by the participants. The study provides new insight into the socio-psychological understanding of recidivism and recommends that future research be sensitive to the local context but is also aware of the changing nature of African ideologies globally.

МОДЕЛЮВАННЯ СУДОВО-ЕКОНОМІЧНОГО ЕКСПЕРТНОГО ДОСЛІДЖЕННЯ

The article is devoted to the issue of developing a unified conceptual approach to the creation and adaptation of procedures and methods formalized to the object of forensic-economic expertise. The relevance of the research is determined by the need to systematize methods of forensic economic expertise adjusted to common or individual tasks that need to be solved during the pre-trial investigation or trial. The article analyzes the correlation between the tasks of a forensic expert as perception of the nature of criminogenic processes reflected in the system of accounting and methods of examination. The methodical approach was elaborated and the system of individual methods related to the algorithm of solving the problem of forensic economic expert through their procedures was modeled. Interaction of elements of the given model in the direction of their formalization presupposes the solution of individual forensic examination tasks, taking into account the nature of initial information about the object of forensic economic examination, its description on the basis of the formalized form. The proposed modeling of the expert examination process logically connects together the expert’s tasks, methods and the theoretical basis for the application of relevant procedures that are aligned with the overall goal of forensic economic examination. The results of expert examination process are logically concluded in the expert’s report. The presence of necessary condition to apply the proposed model of forensic economy expertise is proven, which include the creation of formalized description of the object branch of expertise - illegal (lawbreaking) activity and its reflection in the system of accounting. The main advantages of application of the forensic accounting model is creation of additional information possibilities to assess efficiency of the accounting system organization, efficiency of its control function as well as formation of restorative function and formation of reference and analytical data on reaction to unlawful actions of responsible persons. Practical results of application of methodological basis for construction of expert economic research taking into account the suggested scientific logic of its realization are new possibilities of generalization of practical activity of forensic experts in the area of research of economic offences, disclosure of potential of the whole set of instruments to perceive the object of forensic economic expert examination acquired by practice.

The Repercussion of Economic Offences in India

The Repercussion of Economic Offences in India

Legal Policies in Front of Corruption Bill on Treatment of Remission Between Corruptors and Chicken Thieves

The type of research used in this research is normative legal research by using primary and secondary legal materials, along with tertiary legal materials as supporting materials. This is by looking at strength and position of Visum Et Repertum evidence in a criminal act. Regarding the granting of remissions for convicts who commit criminal acts of corruption as regulated in Article 34 (A) of PP No.99 of 2012 concerning Terms and Procedures for Implementation Rights of Correctional Inmates, if viewed from theory of purpose of punishment, there are two thoughts in that regard. First, if granting of remissions is associated with one of known punishment theories, it is a relative theory, which emphasizes purpose of punishment to improve the perpetrators of crimes. By being given this punishment, it is hoped that later a criminal can change into a better person and restore the balance that was damaged due to the crime. The second opinion states that the regulations that apply to convicts of corruption have special requirements before getting remission, but actually any conditions that are intended to be used as basis for remission will only hinder the achievement purpose of sentencing. The reason is, corruption which is essentially an economic offense that harms the state and benefits oneself is carried out based on greed, where with remission mechanism there will be calculations that will speed up a convicted corruption person out of prison.

Economic violence as a way of committing domestic violence: differentiation of administrative offense from crime

The article is considered economic violence as a type of domestic violence, for which administrative and criminal liability is provided. The criterion of delimitation of economic violence as a way of committing domestic violence of Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine is defined. It is stated that administrative and criminal liability arises in the case of domestic violence in three ways: physical, psychological or economic. This are caused difficulties in practice in delimiting Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine, as the objective side of their composition is defined inexhaustibly.
 Expediency of exclusion from Art. 126-1 of the Criminal Code of Ukraine, the notion of “systemicity” is justified, as the current wording contradicts the purpose of criminalizing acts of domestic violence and creates obstacles to the application of this special criminal law. Emphasis is placed on the need for legislative interpretation of the concept of Art. 173-2 of the Code of Administrative Offenses "harm of physical or mental health" and of Art. 126 of the Criminal Code of Ukraine "violence that leads to physical or psychological suffering."
 It was found that in the legal definitions of economic violence and acts of economic nature, the construction "and other economic offenses" and the conjunction "etc." indicates that acts of economic nature as a way of committing domestic violence can not be provided by law exhaustively, because the economy is in constant development and, accordingly, violence in the context of the offense we are investigating may take new forms.
 It is determined that its main feature of economic domestic violence is the manipulation of the subject of the crime or offense by material goods, which leads to negative psychological and/or physical consequences for the victim.
 According to the results of the research, the criterion of differentiation of domestic violence provided by Art. 126-1 of the Criminal Code of Ukraine from the act specified in Art. 173-2 of the Criminal Code of Ukraine, which should be the consequences caused by the illegal act. That is, it is necessary to determine the level of public danger of damage that occurred after the commission of an act of an economic nature, which covers the legislative category of "domestic violence".
 Suggestions for further improvement of legislation in the field of administrative and criminal law on the provisions that establish legal liability for domestic violence in Ukraine.

OFFENSES IN THE ECONOMY OF THE REPUBLIC OF SRPSKA

Under the economic torts in general we mean various abuses and illegal actions in economic and financial business, ie acts directed against the economy in the broadest sense. Theoretically, there is a distinction between economic offenses in the narrower and broader sense. According to the narrower understanding, economic crimes are only criminal acts committed in the economy, ie. criminal offenses against the economy and payment transactions as defined in the Criminal Code. On the other hand, according to a broader understanding, economic torts mean all criminal offenses that are prosecuted in court or by other competent authorities. According to this broader understanding, economic offenses include criminal offenses against the economy, but also economic offenses. Article 2 of the Law on Misdemeanors defines a misdemeanor as an illegal act that constitutes a violation of public order or regulations on economic and financial operations, and which is prescribed as such by law or other regulation. Economic misdemeanors therefore represent a special category of criminal offenses against economic and financial operations (a category that previously existed as an independent offense called economic crime and which as such still exists in neighboring countries, such as Serbia). In this regard, the intention of the authors is to point out in the paper the numerous economic violations prescribed by numerous laws and other harsh acts, which are pronounced in the daily work of the bodies responsible for control and inspection.

ECONOMIC OFFENSE AS A GROUND FOR COMPENSATION FOR NON-PECUNIARY DAMAGE TO BUSINESS ENTITIES

In this research, which is proposed for the consideration of the scientific community, the author analyzes the essence of the concept of “economic offense”, studies, and summarizes scientific approaches to grounds for economic liability. A separate section of the research is the issue of understanding the essence of the economic offense as a ground for compensation for non-pecuniary damage to business entities. Based on the study and analysis of theoretical research on relevant issues, the author argues that universal characteristics of an economic offence are elements of its composition, and the sufficient ground for liability for non-pecuniary damage to business entities is the economic offense. At the same time, all other grounds for economic liability, which are distinguished by some scholars as independent grounds, incl. law ground, economic legal personality, and certain aspects (or conditions) of economic offense, are not separate grounds but comprise the economic offense’s composition. In addition, the author identifies and studies the elements of the economic offense’s composition as a ground for compensation for non-pecuniary damage to business entities. It is established that they are the object, the objective element, the subject, the subjective aspect. Thus, the research findings allow concluding that the economic offense may have a full or reduced composition, depending on the legal requirements for a particular element of the offense. Moreover, the most controversial issues concerning economic offenses, including the subjective aspect of the economic offense or the guilt of the business entity, are highlighted as ones which require further detailed scientific research.