Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 5

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  white collar crime
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

Funkcjonowanie „białych kołnierzyków” w warunkach izolacji penitencjarnej

100%
Kotowska M.
Archiwum Kryminologii
|
2017
|
issue XXXIX
149-176
EN
‘White collars’ are perpetrators who do not fit the image of a ‘typical criminal’. They are often esteemed and enjoy a high position in society, while their crimes are part of the professional sphere and often occur ‘on the margins’ of legal activity. They also include people who – unlike ordinary criminals – risk losing their prestige, reputation and professional position. Their criminal activity is often seen as a mistake or omission, rather than as an intentional violation of the law. It would seem that ‘white collars’ are not a large group and that their crimes are not easily detected. They are not viewed as dangerous offenders who should be isolated. This is due to their personal traits, their modus operandi and the nature of their crimes, particularly as the latter are hard to detect, as well as to the fact that they have better access to high-quality legal aid than their less educated and wealthy counterparts. In prison, ‘white collars’ form a group which is difficult to define because of their small number. However, taking into account that Poland has seen a drop in the number of criminal offense in recent years, with a concomitant rise in the number of economic crimes, the number of ‘white collars’ in penitentiary facilities will surely grow steadily, particularly if a punitive criminal policy is pursued. From the viewpoint of criminal science, ‘white collars’ remain an unstudied phenomenon in Poland. Nor are there any studies of how ‘white collars’ cope with the conditions of life in prison. Looking for answers to these questions, the Author approached the authorities of one of the largest (the third in size) penitentiary facilities in the Olsztyn region with a request to access the prison archives. She examined the archival prison records of individuals who had served a sentence of imprisonment between 2005 and 2015 in order to identify a group of ‘white collars’. The selection criteria were as follows:- Final conviction for an economic crime/crimes- The crime was committed in connection with the person’s professional activity- Holders of a university/higher degree - Having a stable legal source of income.Individuals fulfilling the above criteria were considered as belonging to the category of ‘white collars’. It was found that during the period in question only two inmates detained at the facility matched the criteria, which justified further qualitative research. A case study was then conducted based on the archival personal records, parts A and B, which the prison made available to the Author. The Author looked specifically at documents like court sentences along with their justification, parole decisions made by penitentiary courts, probation reports, psychological opinions, as well as notes compiled by the inmates’ supervisors based on conversations with them. Because both of the inmates were serving their sentences within the framework of a programme system, the scope and nature of their personal programmes, including any updates, were also assessed. The records provided a glimpse into the perpetrators’ social and demographic status, including their financial and family status, as well as an overview of their previous life in society and, finally, in penitentiary conditions. The qualitative research undertaken by the Author did not make it possible to draw general conclusions, particularly since the cases studied were so few. But one can compare the studied perpetrators to the ‘statistical’ or ‘typical’ inmate doing time in prison. The literature on the subject indicates that most such inmates are single, young, unemployed, without work habits, they have gaps in their education, are alcohol or substance abusers and come from difficult homes. In prison, they lack external support, which makes their later social adaptation more difficult.The perpetrators studied as part of the research described here were much older and better educated than ‘typical’ convicts. They were relatively well-off, with stable incomes, and came from non-pathological homes. Their families were also evaluated positively by probation services, the police and neighbours. Before their stay in prison they had been involved in community initiatives, they were good husbands and fathers, active in the local community and the Church, without alcohol or substance abuse problems. While serving their sentences they received support from family and figures of authority esteemed in the local community. The Prison Service considered them well adapted to prison conditions, calm, often rewarded, obeying the rules, active, highly respected by other inmates, willingly performing unpaid work in behalf of the penitentiary facility and cooperating with the prison administration. The research material presented only represents two cases; it therefore does not make it possible to draw general conclusions, yet it does highlight certain problems and areas for further research. At the same time it is for the Author a point of departure for reflection on the legal and judicial level of sentences against ‘white collars’ and the way such sentences are enforced
2
Publication available in full text mode
Content available

Ekonomická kriminalita s akcentom na daňovú kriminalitu v Slovenskej republike

88%
Strémy T., Janko S.
Česká kriminologie (Czech Criminology)
|
2020
|
vol. 5
|
issue 1
1-19
EN
The paper deals with the topic of economic crime with the emphasis on tax crime, which can be considered one of the most important subcategories of economic crime. In the theoretical part of the paper, the authors highlight the significance of tax crime, set out basic terminological framework and analyze some of the issues stemming from differences between criminological and legal approach to subject-matter. Subsequently, the reader is provided with a brief statistical analysis of the levels, structure and dynamics of tax crime in the scope of the Slovak Republic during a specified period of time. The analysis is based on data from the electronic system of registered criminality operated by the Police force.
3
Publication available in full text mode
Content available

What is ‘economic criminal law’?

88%
Dębowski M. J.
Acta Iuris Stetinensis
|
2022
|
vol. 37
27-41
EN
The objective of this paper is to reconstruct the meaning of term ‘economic criminal law’, which is imprecise but widespread in Polish legal culture. It also aims to compose an adequate definition of the concept denoted by this name. The author applied an array of methods: analysis of scholarly statements, historical and comparative analysis as well as the analysis of the law in force. The term ‘economic criminal law’ is a product of linguistic convention manifesting itself in legal discourse. In search of its meaning the author relied mainly on scrutiny of the wording of the discussed name. The content of this notion is composed of so-called economic offences. It was essential to determine common characteristics of such crimes. Having rejected so-called subjective conceptions and ideas referring to criminology and sociology, the author posited the object of a type of crime as the definition’s rudiment. A proper description of the common generic object of economic crimes assumes a compromise between vagueness and rigidity of lengthy enumerations. ‘Economic criminal law’ can be described as a peculiar division of substantive criminal law distinguished by legal theory and practice. It is composed of regulations that establish types of crime, which share a common main generic object of protection which (in a historical and cultural context) are relevant bases of proper trading both in internal, and in external aspects. These two dimensions represent relations between trading participants and institutions and rules of trading, respectively.
4
Content available remote

Globalization, COVID-19 pandemic and white collar crime: a new threatening combination

63%
Kamensky D.
The Lawyer Quarterly
|
2021
|
vol. 11
|
issue 4
625-640
EN
In the modern world the phenomenon of economic globalization directly effects developments of law across various jurisdictions and effects the forms of white collar criminality in particular. The term “white collar crime” is proven to be ambiguous and not informative on what exactly types of criminal behavior this phrase should encompass. As globalization trends further gain momentum, national economies are becoming more internationalized and inter-dependent, and regulatory powers of individual states become diminished. During the COVID-19 pandemic era, as nations simultaneously cooperate and compete in efforts to create vaccine, enhance national public healthcare regimes, regulate border control and passenger traffic, fraudulent behavior becomes more aggressive as white collar criminals operate on a bigger scale than ever before. Analyses of these issues related to economic crime in the globalized pandemic-effected environment and identification of right solutions for this challenge constitute major focus of this work.
5
Publication available in full text mode
Content available

PRAWNOKARNE ASPEKTY WYŁUDZENIA DOTACJI UNII EUROPEJSKIEJ

51%
Wiśniewski M.
Zeszyty Prawnicze
|
2017
|
vol. 17
|
issue 2
145-159
EN
Summary The article discusses the fraudulent award of EU grants as a white collar crime. Poland joined the European Union in May 2004, opening up the door for new criminal groups to commit financial offences against the interest of the EU. This paper presents a critical analysis of the Polish provisions on EU grants. The first major problem he discusses is the legal qualification of the offence under Polish law. An offender may be charged under several articles of the Polish Criminal Code (286 § 1, 297 § 1, or 82 § 1 of the Fiscal Criminal Code.) The author explains the differences and similarities between these provisions. he concludes that the current provisions require amendment, in particular he argues that Article 297 § 1 of the Polish Criminal Code should not be used as an instrument for financial protection against EU fraud.
PL
Streszczenie Artykuł podejmuje problematykę wyłudzenia dotacji z Unii Europejskiej jako istotnego rodzaju działalności tzw. „białych kołnierzyków”. Akcesja Polski do Unii Europejskiej, która miała miejsce w maju 2004 roku, spowodowała, że grupy przestępcze zyskały nowy obszar dla swojej działalności w postaci możliwości wyłudzania dotacji na szkodę interesów finansowych tej organizacji. Artykuł stanowi krytyczną analizę obecnych uregulowań dotyczących bezprawnego uzyskania wsparcia finansowego z UE. Głównym problem jest kwestia kwalifikacji prawnej czynu polegającego na wyłudzeniu dotacji. Stwierdzić należy, że do omawianej problematyki nawiązuje art. 286 § 1 k.k., art. 297 § 1 k.k. oraz art. 82 § 1 k.k.s. Autor wyjaśnił różnice oraz podobieństwa zachodzące między tymi przepisami. Analiza treści tych przepisów doprowadziła do wniosku, że obecna stylizacja norm Kodeksu karnego wymaga zmiany. W ocenie autora, dotacja powinna zostać wyłączona z katalogu instrumentów finansowych chronionych w art. 297 § 1 k.k.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.