SOCIAL AND ECONOMIC OFFENSES - THEORETICAL ISSUES AND PRACTICAL CONSIDERATIONS (FROM UNAFEI - REPORT FOR 1977 AND RESOURCE MATERIAL SERIES NO 15, 1978 -SEE NCJ-58438)

• NCJ Number: 58454
• Author(s): J ANDENAES
• Date Published: 1978
• Length: 13 pages
• Corporate Author: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Document
• Language: English
• Country: Japan

Annotation

THIS PAPER EXAMINES CONCEPTS OF WHITE-COLLAR AND ECONOMIC CRIME, THE RELATIONSHIP BETWEEN ECONOMIC CRIMES AND ECONOMIC SYSTEMS, DIFFERENCES BETWEEN CRIMES, METHODS TO COMBAT SUCH CRIMES, AND PUBLIC CORRUPTION.

Abstract

THE TERM ECONOMIC OFFENSES OR ECONOMIC CRIMES HAS COME INTO USE; HOWEVER, DISCUSSION HAS BEEN HAMPERED BY A LACK OF AGREEMENT AS TO THE TERM'S DEFINITION. THE TERM WHITE-COLLAR CRIME WAS FIRST USED BY EDWIN H. SUTHERLAND TO DEFINE 'CRIMES COMMITTED BY PERSONS OF RESPECTABILITY AND HIGH SOCIAL STATUS IN THE COURSE OF THEIR OCCUPATION.' HOWEVER, THIS TERM HAS BEEN MISUSED BY OTHERS WHO FAIL TO CONSIDER ITS MORAL OR POLITICAL ASPECTS. THEREFORE, ECONOMIC CRIMES HAVE COME TO BE DEFINED EITHER ON A STRICTLY TECHNICAL BASIS, IN TERMS OF THE ILLEGAL OPPORTUNITIES PRESENTED BY TODAY'S COMPLEX ECONOMIC LIFE OR ON MORAL OR POLITICAL TERMS WHICH STRESS THE NEED FOR EQUAL JUSTICE FOR ALL ECONOMIC CLASSES. THIS PAPER DEFINES ECONOMIC CRIMES AS ACTIVITIES ARISING OUT OF LEGAL BUSINESSES, BUT WHICH VIOLATE THE INTERESTS OF THE STATE OR SOCIETY IN GENERAL. TYPES OF ECONOMIC CRIMES COMMITTED IN SOCIETIES DEPENDS, IN PART, ON THE ECONOMIC SYSTEM OF THE PARTICULAR COUNTRY WHETHER SOCIALIST, FREE ENTERPRISE, OR MIXED. THERE ARE ALSO SIGNIFICANT DIFFERENCES BETWEEN TYPES OF CRIMES. GIVEN THE GREAT VARIETY, IT IS IMPOSSIBLE TO DEVELOP ONE STRATEGY TO COMBAT SUCH CRIMES. INDIVIDUAL STRATEGIES MUST BE DEVELOPED WHICH DEFINE CRIME IN SUCH A WAY AS TO MAKE PROSECUTION POSSIBLE. CONSIDERATION SHOULD BE GIVEN TO THE ROLE OF SPECIALIZED CONTROL AGENCIES, SUCH AS THE TAX AGENCIES, IN POLICING BUSINESS ACTIVITIES. ATTENTION SHOULD BE GIVEN TO TECHNICAL EXPERTISE OF PROSECUTORS, POLICE, AND COURTS IN COMBATING SUCH CRIMES THROUGH THE USE OF APPROPRIATE RULES OF EVIDENCE AND PROCEDURE, AND SYSTEMS OF PUNISHMENT. SPECIAL ATTENTION IS FOCUSED ON THE PORBLEM OF PUBLIC CORRUPTION. PUNISHMENT SHOULD TAKE INTO ACCOUNT THE LEVEL OF RESPONSIBILITY OF THE GUILTY PARTY WITH GREATER PENALTIES DIRECTED AT THOSE IN POSITIONS OF HIGH RESPONSIBILITY. FOOTNOTES ARE INCLUDED. (KCP).