Elemente der Kriminalstrategie zur Bekämpfung der Wirtschaftskriminalität.
In this contribution we are looking for an efficient strategy to combat economic crime in the cases when the victims are other organizations, a state as whole or individuals. Different analyses of economic crime show that the offenders of economic crime benefit from two basic weaknesses of their victims:laws are not precise enough which is often a consequence of a free market philosophy and partially a consequence of unresolved dilemma about the limitations to the state sovereignty which is necessary for the implementation of investigation procedures on the global level, criminal and other social control mechanisms do not respond adequately. That is why the economic crime offenders are rarely detected, prosecuted and sentenced. A more precise regulation of a free market would have many negative consequences. That is why an indirect strategy that would contribute to a higher vulnerability of the economic crime offenders that would bring about increased transparency of business transactions, especially the financial ones. With the assistance of special analytical treatment of different data-base, it would be possible to identify the suspicious transactions. For the moment, only those who are planning the actions against money laundering are using this kind of analysis but it could be used also for different forms of economic crime like business fraud, pirate production, etc. Economic crime is becoming global; that is why this strategy would only be efficient on a global level and that reason harmonization of legislation is necessary. The essential part of the strategy is the improvement of social control institutions because it is necessary to increase the feeling of risk among the offenders who will be detected and sentenced. This feeling of risk is very rare among the economic crime offenders. The investigators would gain strategically by change of legislation which should provide for criminal responsibility of companies and for the burden of proof to be on the "accused" in the process for assets forfeiture after the crime had been proven. A strategy to combat economic crime could only be efficient as a combination of different measures.
- Straipsniai / Articles