Economic Crime

[Name of the Student]

[Name of the Institution]Economic Crime

Introduction

There is no actual definition of economic crime. Or rather, there are many according to criminologists that offer them, different laws between countries and according to the manners and customs of certain cultures. The distinction between "economic crime" and "organized crime" is also the subject of endless controversy for defining who is a subset of the other. To avoid losing too much time in these debates that normally a person cannot solve it, therefore, the researcher proposed two definitions that seem at once simple, understandable and generally accepted by industry professionals (Koletar, 2005).

In terms of economic crime, the researcher, retain the proposal of Nicolas Queloz, professor of criminal law and criminology at the University of Fribourg and co-author of an extensive study on the process of corruption in Switzerland. He defines it as all illegal activity whose essential characteristics are:

It takes place in the context of economic, business and finance and applies to both companies and private companies as state activities or collaborative enterprises.

It performed by means and methods that are (in principle) use of force or physical violence, but characterized by processes much more clever (deception), fraudulent (fake, fake), abuse of power or vote buying (corruption), operating trade secrets or confidential information (insider trading).

Offenses committed and therefore require knowledge and know-how to own players in the economic, business and financing, and also a still further specialization of supervisory bodies, prosecution and punishment.

The mobile is essential for economic offenders will

Or accumulation of profits, expansion, or economic domination (capitalism taken to an extreme)

Either for protection or survival at any cost businesses or economic sectors in difficulty.

Economic crime is a breach of trust and good faith in business dealings and thus carries the credibility and safety of certain economic sectors or even the economic and financial order as a whole. It causes considerable damage or injury, not only on a strictly heritage, but also different economic and social levels, for damage caused to hard to estimate human resources (e.g. job loss), the viability of enterprises, social insurance, public institutions or the quality of life and environment.

In organized crime, the researcher, proposed the definition of the Council of Europe, proposed in 2005 to 46 member states. It has four mandatory criteria, which must add at least two optional, in order to define a group suspected of a criminal organization:

Collaboration of three people minimum

For an extended period or indefinitely

Suspected or convicted of committing serious crimes (= which incurs the penalty exceeds four years in prison).

With the aim of achieving profit and / or powerOptional criteria

With specific tasks or roles for each participant

Using any form of internal discipline and control

Resorting to violence or other means of intimidation

Exercising influence over policies, the media, governments, law enforcement, justice or the economy through corruption or any other method 9. Using profitable structures or similar businesses

Involved in money laundering

Operating at an international level (Mcclain, 2001).

On analysis of these two proposed definitions, one finds that economic crime is different from organized crime in the sense that it may be the ...