White Collar Crime: A Comparative Perspective

by Anne Weyembergh (Editor), Stanislaw Tosza (Editor), Katalin Ligeti (Editor), Valsamis Mitsilegas (Editor)

Overview

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.

Product Details

ISBN-13:	9781509917891
Publisher:	Bloomsbury Academic
Publication date:	11/29/2018
Series:	Hart Studies in European Criminal Law
Pages:	440
Product dimensions:	6.14(w) x 9.21(h) x 1.00(d)

About the Author

Katalin Ligeti is Professor of Criminal Law at the University of Luxembourg.
Stanislaw Tosza is a postdoctoral researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) and an assistant professor at the Willem Pompe Institute of Criminal Law and Criminology, Utrecht University.

Table of Contents

Foreword John Vervaele v

Table of Cases xi

Table of Legislation xix

Table of Treaties and Other International Instruments xxxvii

Notes on Contributors xliii

1 Challenges and Trends in Enforcing Economic and Financial Crime: Criminal Law and Alternatives in Europe and the US Katalin Ligeti Stanislaw Tosza 1

2 Enforcing Economic and Financial Policies in National Systems - Financial Markets Regulation, Environmental Law and Competition Law 35

2.1 France Juliette Tricot Maxime Lassalle 37

2.2 Poland Stanislaw Tosza Witold Zontek 83

2.3 Sweden Vladimir Bastidas Venegas Maria Bergström 111

2.4 The US Sara Sun Beale 149

3 Regulating Instead of Punishing: The Senior Managers Regime in the UK Iain MacNeil 225

4 Economic Crime in the UK: Corporate and Individual Liability Celia Wells 253

5 Corporate Criminal Liability and Groups of Corporations: A Need for a More Economic Approach? Vanessa Franssen 277

6 The Privilege against Self-incrimination of Corporations Stijn Lamberigts 307

7 The Criminalization and Protection of Whistleblowers in the EU's Counter-Financial Crime Framework Umut Turksen 333

Index 369