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COMPLIANCE LAW IN THE FRENCH CONTEXT: NEW HORIZONS FOR LEGISLATIVE POLICY

Author(s): Morgane Ferrari / Language(s): English / Issue: 1/2019

This article presents legal aspects of compliance law in France. The article analyses the distinctive and connected aspects of compliance and corporate law. It has been stated that compliance law has theoretical and legal expression, which are not only interconnected but also complement one another. The article’s discourse emphasises that national (French) legislation, in order to be effective, reflects the tendencies of the Anglo-Saxon concept of compliance law. The article looks at this issue not only from a legal point of view, but also with an emphasis on the humanist aspect of legal order. The article concludes that compliance law not only benefits companies and markets, who sometimes confuse compliance law and financial law, but also contributes to the upholding of humanistic ideals.

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CONCLUDING REMARKS

Author(s): Author Not Specified / Language(s): English / Publication Year: 0

The coming into force of the new Law on the Enforcement of Criminal Sanctions (LECS) on 1 October 1998 and of the Decree on the Establishment of Institutions for the Enforcement of Institutional Sanctions on 23 May 1998 were major steps forward in reforming and modernizing our country’s system for the enforcement of criminal sanctions and its harmonization with relevant international legal acts. Nonetheless, although five years have passed since their adoption, a great many of their provisions are yet to be put into practice. What is more, although at the time of its adoption the new law was welcomed as a long-overdue innovation designed to meet the pressing need to bring our country’s legislation into line with relevant international standards, at the time of writing it appears obsolete and incompatible. This is why an analysis of the system of enforcement of institutional criminal sanctions in our country and its comparison to those of other countries on the basis of relevant legal provisions alone would be purely fictitious. We therefore decided against such an approach. The current state of affairs outlined above made our task much more difficult in many ways. Instead of concentrating on detecting ‘minor’ inconsistencies in the enforcement of criminal sanctions and contemplating ways of eliminating them, we found ourselves confronted with something we considered inconceivable, i.e. the absence of a single strategy, of a well-conceived system, and of a well-defined network of institutions. In so chaotic a climate, marked by disregard for even fundamental legal provisions (e.g. those determining the categories of institution, their classification, etc.), it was impossible to verify the general theoretical propositions on which the whole system ought to rest and consequently to see their practical implications. Instead, much of our effort consisted in detecting and discussing major derogation’s from the LECS and relevant international standards. The final chapter of this work comprises general conclusions based on the findings presented on the preceding pages, as well as recommendations for promoting the enforcement of criminal sanctions, primarily with a view to protecting the basic human rights of imprisoned or detained persons. In order to ensure systematic presentation and ease of reference, the conclusions and recommendations are subsumed according to their content under the six subjects discussed earlier.

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CONTRASTO ALL’ESTORSIONE ORGANIZZATA: L’ESPERIENZA ITALIANA

Author(s): Elena Sciandra,Antonio Iafano / Language(s): Italian / Publication Year: 2016

Extortion racketeering is a crime which spans all sections of society, poses threats to the well-being of local communities and impairs the growth and development of business. No country is immune to it, although it varies across time, space and economic context. Extortion can be perpetrated by single offenders, or it can be part of more complex criminal schemes. In this sense, the case of Italy is typical because Italian mafias systematically resort to extortion racketeering.

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CONTROLUL ȘI PREVENIREA INFRACȚIUNILOR

Author(s): Iuliana Pana / Language(s): Romanian / Issue: 01/2019

Legal evasion is ”the taxpayer’s action to bypass laws by resorting to an unforeseen combination of them, being forgivenby fleeing.” Tax fraud is a form of deliberate evasion, în violation of legal provisions that explicitly criminalize action orinaction with a fiscal consequence as a crime, and the purpose of the act is to hide the tax obligation or to diminish it.

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Crime Prevention Techniques and Crime Prevention in Turkey

Author(s): Ufuk Ayhan / Language(s): English / Issue: 1/2016

Conceptually, security concept is always tend to expand its own limitations. Current global events, emerging new situations and resulting needs in this area often make the changes obligatory and inevitable. Today, the fight against crime and criminality follows a path which aims to identify and clarify the crime beginning from the emergence of the criminal activity until the capture and detention of its actors, and finally dealing with them through judicial process and prison. However, often its social costs and damage as well as its impact on the sense of trust in the community have been ignored. This study analyzes and assesses modern techniques which are available to use against criminal activities and organizations.

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CRIMEN CALUMNIAE – PRZYCZYNEK DO STUDIUM HISTORYCZNO-PRAWNEGO

Author(s): Bartosz Zalewski / Language(s): Polish / Issue: 23/2013

En este articulo autor esta analizando el crimen de falsa acusación en la ley Romana (crimen calumniae). Las relexiones sobre dicho acto con la base en la ley Romana están procedidas por una breve presentación de la misma cuestión en otras leyes diferentes a la Romana, escogidas entre las leyes antiguas. Siguiente parte del artículo intenta ubicar dicho acto entre otros conocidos en la ley romana delitos contra funcionamiento de la justicia. La parte fundamental de este trabajo ocupa análisis de lo distintivo del dicho acto, y teniendo en cuenta su desarrollo en términos de valor histórico y jurídico. El autor presenta los temas relacionados con la sanción penal impuesta por los factores analizados. Las contemplaciones cierran el resumen indicando las más importantes de las cuestiones planteadas.

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CSD Policy Brief No. 29: Public Trust in the Criminal Justice System – An Instrument for Penal Policy Assessment

Author(s): Author Not Specified / Language(s): English / Publication Year: 2011

MAIN CONCLUSIONS: ››› Of all the EU member states, Bulgaria is the country whose citizens are the least satisfied with the performance of the main government institutions. ››› Trust in the main institutions concerned with criminal justice in Bulgaria – the police and courts, is low and has remained practically unchanged over the last decade. At the end of 2010, a positive evaluation of police performance was given by less than half of the country’s adult population and barely one in five gave a favorable opinion of the courts. ››› The low public trust in the courts and police can also be accounted for by the high level of corruption in these institutions. ››› The low trust in the courts and police is conducive to public attitudes of insecurity. Society begins to perceive crime as an inherent part of reality rather than a problem that can actually be addressed. ››› A state’s penal policy can only produce results if sufficient attention is paid to trust, legitimacy, and security. It is therefore recommended to adopt a system of indicators for the assessment of public trust in criminal justice in Bulgaria. ››› These indicators are an instrument for improved formulation of the problems faced by criminal justice institutions and for more effective monitoring of changes in public attitudes. This would make it possible to focus the attention on strategic issues and long-term policies in the area of security and justice not only on the national, but also on the European level. In order to ensure comparability of the impact assessment of various implemented policies, it is recommended to adopt uniform indicators for measuring trust in criminal justice in the European Union and the member states, which should take place within the timeframe of the Stockholm Programme (2010-2014).

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CSD Policy Brief No. 31: Antimafia: The Italian Experience in Fighting Organised Crime

Author(s): Center for the Study of Democracy CSD / Language(s): English / Publication Year: 2011

KEY POINTS The Italian approach to countering organized crime encompasses a number of complementing measures, which are tailored to the specific threats posed by the mafia. ››› Specialised legislation for facilitating and accelerating of pre-trial and judicial proceedings against mafia leaders and members ››› Harsher penalties and special penitentiary regimes against high level members of organised crime groups, which pose a serious threat to society. ››› Preventive confiscation allowing for expropriating mafia assets in favour of the society and the state. ››› Holistic antimafia policies have been pursued in the infiltrated by the organised crime municipalities and provinces. These policies include dissolving of the mafia controlled local authorities and implementing programs for improving security and economic development in Southern Italy.

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CSD Policy Brief No. 32: A Reinstating the Duty‐Free Trade at Bulgarian Land Borders: potential Setback in the Fight against Organized Crime and Corruption

Author(s): Center for the Study of Democracy CSD / Language(s): English / Publication Year: 2012

KEY POINTS ››› In January 2012, a proposal to amend the Duty Free Trade Act was submitted to the Parliament by an independent MP (Emil Vasilev, formerly of the marginal opposition party Order, Law and Justice). The sole purpose of the proposed amendment is to allow for the reopening of the duty‐free trade outlets at Bulgaria’s land borders with non‐EU countries in the exact same format with the exact same operators as at the time of their closure three years ago; ››› The proposal is a major threat to border security, tax revenues and might undermine the stability of the state budget; ››› The reopening of the duty‐free shops would reverse the progress made in the fight against corruption, organized crime and excise goods smuggling and threatens to re‐kindle political corruption and clientelism.

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CSD Policy Brief No. 33: Management and Disposal of Confiscated Criminal Assets

Author(s): Center for the Study of Democracy CSD / Language(s): English / Publication Year: 2012

KEY POINTS ››› The management and disposal of confiscated assets are important aspects of the overall process of confiscation, but they still remain marginal to the public debate in Bulgaria. ››› The existing legal and procedural gaps impede the effective management of confiscated property, frequently causing its plundering or demolishing. ››› The sale of confiscated real estate is further complicated by problems with mortgages and executive charges, incomplete property documentation, reputation of the former owner, and unfavourable market conditions. ››› The Bulgarian legislation concerning the allocation of proceeds from the sale of confiscated property is not in compliance with the relevant ratified UN conventions, which recommend using these revenues for compensation of the victims of crime. ››› The legal possibilities provided by Bulgarian law for re‐use of confiscated property for socially beneficial purposes are seldom applied and are not sufficiently publicised among the potential beneficiaries. ››› Among the important legislative gaps is the lack of a specific procedure for the transfer of confiscated real estate. The introduction of such an instrument could facilitate the utilization of these assets for the public benefit.

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CSD Policy Brief No. 41: Crime Trends 2012 – 2013

Author(s): Center for the Study of Democracy CSD / Language(s): English / Publication Year: 2013

KEY POINTS ››› Crime rates increased in 2012 compared to 2011 - 15.4 per cent of the population compared to 10.3 per cent, respectively, were victims of crime. The number of victims and the overall number of crimes increased both. ››› Growth of unregistered crimes: for a third consecutive year the share of victims who do not report crimes to the police increased. ››› Growth in thefts: despite the continuing decline in serious crimes such as murder and vehicle theft, there is an increase in crimes against property of the citizens. ››› Victims of crime in South Central and South Eastern regions of the country are least likely to report crimes to the police. These areas are also characterized by high levels of crime victimisation.

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Current Czech penology and penitentiary science

Author(s): Miloslav Juzl / Language(s): English / Issue: 2/2016

Penitentiary science as a study of prison sentence and its effectiveness is a relatively new science in the Czech conditions. Its beginning has been observed in the 20th century. It uses the findings in psychology, sociology, law, criminology and other sciences. It is a part of a broader science – penology, which is the study of imposing and serving all sentences, including prison sentence and alternative pun-ishment, as well as their effectiveness. Given these facts, the paper is the author’s effort to introduce penology and penitentiary science in the Czech Republic and the attempt to regain mutual contacts.

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DAUGIAU PROBACIJOS, MAŽIAU KALINIŲ? AR PAGRĮSTAS KALINIŲ SKAIČIAUS MAŽINIMO LŪKESTIS?

Author(s): Simonas Nikartas / Language(s): Lithuanian / Issue: 2/2018

The article examines the question of whether the development of probation measures is related to the decrease in the number of prisoners or, in other words, whether probation measures are used as an alternative to imprisonment. The probation measures in international and national policy documents, in the statements of politicians and in research publications are associated with a reduction in the number of prisoners. However, the analysis of the European countries punishment trends has raised doubts whether the goal of reducing the number of prisoners by applying probation measures is actually achievable. The article reveals the tendency that in European countries with widespread application of probation measures, there is also widespread use of imprisonment, and vice versa, in countries where the level of imprisonment is low, there are also few people under the probation supervision. The analysis showed that some similar trends in the application of probation measures are characteristic of states with common historical, geopolitical, social and cultural contexts. The article assumes that the main factor determining both the extent of imprisonment and the application of probation measures is the penological social culture and tradition or, in other words, the „punitive climate“ prevailing in the society.

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DIAGNOZĖ – ŠIUOLAIKINĖ VERGOVĖ: AR ĮMANOMA JĄ SUSTABDYTI? VYRAUJANČIOs TEISMŲ PRAKTIKOS TENDENCIJOS

Author(s): Aurelijus Gutauskas / Language(s): Lithuanian / Issue: 2/2016

Trafficking in human beings is a serious crime and abuse of an individual’s fundamental rights and dignity. It involves the exploitation of vulnerable persons who are traded by criminals as commodities for the sole purpose of economic gain. Usually characterised as transnational, this crime affects victims regardless of their gender and age and, due to its nature, is often hard to discover and investigate. The crime of trafficking in human beings shall include, at a minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or removal of organs.Human trafficking always targets vulnerable individuals. Such vulnerability might be of any kind, whether physical, psychological, emotional, family-related, social or economic. In short, the exploitation can be any state of hardship in which a human being is impelled to accept being exploited.Exploitative situations are hard to discover due to their clandestine nature and because of the difficulty of recognising the abuse, although a victim of trafficking might be aware of being involved in an exploitative situation.In the article, the author presents the prevalence of modern trafficking in human beings, its forms and ways in Lithuania as well as in the world. In addition, the author evaluates the efforts of law enforcement authorities to combat this negative social phenomenon and protect victims of this criminal offense.The author gives more attention to analysis of Lithuanian case law related to trafficking in human beings. It should be noted that the Supreme Court of Lithuania has already formed the standards of Article 147 of Criminal Code dealing with trafficking in human beings and consolidates them in judicial precedents.

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Digital Currencies Trading under Polish and EU Public Law

Author(s): Michal Baldowski / Language(s): English / Issue: 8/2018

Digital currencies are a worldwide phenomenon gaining an increasing interest among investors, economists and legal scholars. They are used mainly as a new mean of exchange and as a new way of investing funds, since the rapid changes in their value allow to gain extraordinary profits. Up to this point the legal status of digital currencies has not been clearly established under neither Polish nor EU public law, although some of the existing regulations may be indirectly applied to them. Under current regulations digital currencies cannot be treated as a legal mean of payment, as an electronic money nor a financial instrument. Creation of a complex regulation regarding digital currencies and granting administrative authorities supervisory powers over their trade seems to be necessary. Because of the evolution of financial markets, classifying digital currencies as financial instruments is a possible way of regulating their trade.

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Dirbančių nuteistųjų valstybinio socialinio draudimo reguliavimo ypatumai ir perspektyvos Lietuvoje

Author(s): Mindaugas Lankauskas / Language(s): Lithuanian / Issue: 76/2012

The article aims to answer the question whether there are preconditions to expand the scope of state social insurance regarding working prisoners. Currently working prison inmates can¬not enjoy full protection of state social insurance system. Prisoners are covered only partially because they are entitled just to social insurance against labour accidents and occupational diseases. In addition, they can self-insure themselves. Second part of the article deals with the concept of state social insurance, covers main features and types of social insurance as well as different approaches to this concept. Third part is devoted to the peculiarities of legal regulation of prisoner’s work. Key questions in this part are conceptual differences and similarities between prison work and “normal” work. Consequently, analysis of legal regulation of prison labour relations is provided. In the fourth part of the article legal framework of state social insurance related to working prison inmates is being analysed. Lithuanian legal regulation in this sphere is compared to the regulation of some foreign countries, mostly to Germany. Main conclusion of this part is that existing legal framework creates big obstacles to prisoners and former prisoners obtain the rights to different social guaranties. Although there is a legal opportunity to self-insure, it should be noted that this possibility is used by inmates very rarely if used at all. Fifth part deals with presupposed contradiction between existing legal regulation and basic human rights. It is concluded with a statement that it can be possibly discriminatory whereas lack of essential social guaranties in this case cannot be justified by the purpose of punishment and/or necessity. Moreover, it can be considered that such regulation is disproportional. Final part of the article analyses the question about the possibilities to increase the scope of social protection of prisoners by strengthening compulsory state insurance for inmates. Nevertheless, several different factors including financial potential of the state should be taken into account. Therefore, it is recommended to change existing social insurance system gradually at first targeting the most problematic types of social insurance, for example, insurance against unemployment.

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Disturbed security in Norway and Sweden

Author(s): Wojciech Lieder / Language(s): English / Issue: 21/2015

The content of the article is an attempt to determine the course and consequences of terrorist attacks that took place in 2010 in Sweden and 2011 in Norway. A Comparative Study includes responses of societies and political elites of both countries.

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Dozór elektroniczny: izolacja czy iluzja?

Author(s): Katarzyna Zawislan / Language(s): Polish / Issue: 4/2014

lectronic monitoring is primarily isolation, while the illusory nature of it should be treated only as an ineffective plea, because resulting from superficial assessments. However, the verification of this thesis must be preceded by the study of law, doctrinal guidelines for its application and the judiciary itself. The institution of electronically monitored house arrest, which is a kind of spontaneous sanction, as well as a form of control of the convict, was created as a sort of boon for certain categories of offenders for whom the term of imprisonment could be regarded as an overly severe. Electronic monitoring is undoubtedly a novelty and it is governed by a separate, limited-time law. It constitutes part of a broad perspective Polish political crime thought, which should be positively reviewed due to the presence of more and more important element of humanity.

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Drug Users in Prison: Norway's Experience and Bulgaria's Challenges

Author(s): Dimitar Markov,Hedda Giertsen,Maria Doichinova / Language(s): English / Publication Year: 2016

Publication looks over the situation of drug users in two European countries – Norway, known for its social and welfare-oriented state, and Bulgaria, which since the beginning of the transition from totalitarism to democracy lacks sustainable policies on prisons and drugs. The aim of this work is to comparatively present the penal policy towards drug users and the measures taken for convicted people addicted to narcotic substances, to identify those features which can be transferable and can assist Bulgarian authorities to improve the situation of drug users in and outside the prison. Finally, this research will try to propose concrete measures to be taken both within the penitentiary system and as crime prevention efforts among drug users.

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Države sa niskom stopom kriminaliteta – primer Malte

Author(s): Ðorde Ignjatovic / Language(s): Serbian / Issue: 3/2009

Small island state in the Mediterranean is an example of highly developed environment which has succeeded in maintaining a low crime rate -the lowest in the European Union. In this paper an effort is made to explain the state of crime in Malta, which is achieved with simultaneously mild penal policy of the courts and one of the lowest rate of sentenced persons in Europe. What is more interesting, it is a country with a very permissive attitude in approving the asylum to illegal immigrants. The most important reason of this condition is the solidarity of members in the community which acts as a strong preventive factor.

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