Reflections on the New Regulations from Law No. 286/2009 Regarding the Criminal Code Concerning

СПИСОК ЛИТЕРАТУРЫ ДЛЯ ПОДГОТОВКИ К ГОСУДАРСТВЕННОМУ ЭКЗАМЕНУ ПО АНГЛИЙСКОМУ ЯЗЫКУ

СПЕЦИАЛИЗАЦИЯ «УГОЛОВНОЕ ПРАВО»

2012-2013 УЧЕБНЫЙ ГОД

Record: 1

Title:

REFLECTIONS ON THE NEW REGULATIONS FROM LAW NO. 286/2009 REGARDING THE CRIMINAL CODE CONCERNING THE CORRUPTION OFFENCES. ASPECTS OF COMPARATIVE LAW.

Authors:

Onofrei, Mihaela1

Gradinaru, Sandra1

Source:

Scientific Annals of the 'Alexandru Ioan Cuza' University of Iasi: Economic Sciences Series; 2010, p75-92, 18p, 1 Chart

Document Type:

Article

Subject Terms:

*CRIMINAL codes

*BRIBERY

*GOVERNMENT policy

*COMPARATIVE law

*CORRUPTION investigation

*DRUG traffic

*ECONOMIC development

*POLITICAL development

*SOCIAL institutions

Geographic Terms:

ROMANIA

Author-Supplied Keywords:

bribery

influence trafficking

public servant

Abstract:

The corruption phenomenon in Romania is one of the factors that have slowed the progress of economic and political development, and therefore the fight against this phenomenon constitutes a primary concern of the entire Romanian society, in order to increase the level of integrity and trust towards state institutions and in order to integrate the Romanian society in the European community. Law no. 286/2009 regarding the new Criminal Code brings a number of changes in terms of corruption offenses, changes that have drawn much criticism. The faulty wording in the general part has resulted in the decriminalization of the largest part of the corruption crimes already committed and, as such, a partial indirect amnesty of the corruption acts, which have seriously affected the social system and Romania's development. The manner in which a crime is defined by law or the ambiguity of the definitions regarding the criminal nature of an act seriously affects the clarity and predictability of the criminal policy. Moreover, the draft Criminal Code and the draft Criminal Procedure Code contain a number of provisions which are contrary to the Constitutional Court's jurisprudence and may affect the efficiency of the law. [ABSTRACT FROM AUTHOR]

Copyright of Scientific Annals of the 'Alexandru Ioan Cuza' University of Iasi: Economic Sciences Series is the property of Alexandru Ioan Cuza University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Author Affiliations:

1Faculty of Economics and Business Administration, "Al. I. Cuza" University, Iasi, Romania

ISSN:

03797864

Accession Number:

57276745

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<A href="http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=57276745&site=eds-live">REFLECTIONS ON THE NEW REGULATIONS FROM LAW NO. 286/2009 REGARDING THE CRIMINAL CODE CONCERNING THE CORRUPTION OFFENCES. ASPECTS OF COMPARATIVE LAW.</A>

Database:

SocINDEX with Full Text

Record: 2

Title:

Criminal and administrative risk in market misconduct cases: A comparative study of the law and practice in the UK, Italy and France.

Authors:

Sims, Richard1

Basilio, Luca1

Boillot, Eric1

Lepagnot, Dominique1

Source:

Journal of Securities Law, Regulation & Compliance; Jan2010, Vol. 3 Issue 1, p53-63, 11p

Document Type:

Article

Subject Terms:

*SECURITIES markets

ADMINISTRATIVE sanctions

COMPARATIVE studies

JURISDICTION (International law)

CRIMINAL law

CRIMINAL procedure

Geographic Terms:

GREAT Britain

ITALY

FRANCE

Author-Supplied Keywords:

administrative proceedings

AMF

CONSOB

criminal proceedings

FSA

insider dealing

market abuse

sanctions

NAICS/Industry Codes:

NAICS/Industry Codes 523210 Securities and Commodity Exchanges

523110 Investment Banking and Securities Dealing

Abstract:

This paper is a comparative study of the law and practice of market misconduct cases failing under the Market Abuse Directive regime and/or the criminal regime in the UK, Italy and France. It examines a person's risk of prosecution as against their risk of administrative sanction in each of those jurisdiction. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Securities Law, Regulation & Compliance is the property of Henry Stewart Publications LLP and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Author Affiliations:

1International Financial Markets Litigation, Simmons & Simmons, CityPoint, One Ropemaker Street, London EC2Y 9SS, UK

ISSN:

17580013

Accession Number:

48109414

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Database:

Business Source Complete

Record: 3

Title:

US savings and loan fraud: Implications for general and criminal culture theories of crime

Authors:

Spahr, LL

Alison, LJ

Source:

CRIME LAW AND SOCIAL CHANGE; FEB, 2004, 41 1, p95-p106, 12p.

Publisher Copyright:

KLUWER ACADEMIC PUBL

ISSN:

09254994

Document Type:

Article

KeyWords Plus:

WHITE-COLLAR CRIME

Subject Category:

CRIMINOLOGY & PENOLOGY

SOCIAL SCIENCES, INTERDISCIPLINARY

Abstract:

Both the general theory of crime and criminal culture theories offer many expectations and assumptions regarding the causes of crime and the characteristics of offenders. The former asserts that crime is associated with low self-control. The latter, that cultural norms develop that are criminogenic. This paper challenged three assumptions of those theories by examining 481 fraud offenders. 1 Results demonstrated: ( 1) individuals higher in the occupational hierarchy are more likely to commit fraud, ( 2) offenders are more likely to operate alone and ( 3) when accomplices are involved, they are less likely to be internal to the institution. The first finding contradicts the general theory of crime, whilst the second and third contradicts criminal culture theories. Our findings suggest that a unitary theory may not be able to account for such offences. The implications of this study may help influence policing and policy regarding the way in which fraud is approached and understood.

Language:

English

Accession Number:

000188853000006

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Database:

Social Sciences Citation Index

Full Text Database:

Record: 4

Title:

Taxes and Aliens: When Clients Can Be Deported for Tax Crimes.

Authors:

Skarlatos, Bryan C.1

Rule, Caroline1

Source:

Journal of Tax Practice & Procedure; Apr/May2012, Vol. 14 Issue 2, p9-51, 4p

Document Type:

Article

Subject Terms:

*TAXATION

*CRIME

*ALIENS (Persons)

*TAX returns

DEPORTATION

FELONIES

NAICS/Industry Codes:

NAICS/Industry Codes 921130 Public Finance Activities

Abstract:

The article discusses the issue of deportation for tax crimes. Any alien who is convicted of an aggravated felony after admission to the U.S. is deportable and may be denied re-admission to the country. In Kawashima v. Holder, Mister Kawashima pleaded guilty to one count of willfully making and subscribing to a false tax return while Missus Kawashima pleaded guilty to one count of aiding and assisting in the preparation of a false tax return.

Author Affiliations:

1Partner, Kostelanetz & Fink, LLP in New York, New York

ISSN:

15299279

Accession Number:

76559394

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Database:

Business Source Complete

Record: 5

Title:

PENALTIES FOR FEDERAL TAX CRIMES: THE IRS ARSENAL.

Authors:

Drucker, Meyer1

Maguire, Karen A.1

Wolf, Kristin M.2

Source:

Journal of Legal, Ethical & Regulatory Issues; Jun2012, Vol. 15 Issue 2, p53-60, 8p

Document Type:

Article

Subject Terms:

*TAXATION

*CRIME

*CRIMINAL investigation

*TAXATION -- Law & legislation

*FINES (Penalties)

Company/Entity:

UNITED States. Internal Revenue Service

NAICS/Industry Codes:

NAICS/Industry Codes 921130 Public Finance Activities

Abstract:

When a Civil Investigation Division agent knocks on your door, engage counsel right away -- there are severe criminal penalties for tax crimes. This article discusses how criminal tax investigations are triggered, the criminal statutes employed by the IRS, and the associated penalties for these tax crimes. It then demonstrates how the IRS proves its cases, taxpayers' rights and defenses, and management accountants' responsibilities with respect to federal tax crimes. Relevant court rulings provide examples of the IRS' effectiveness in prosecuting offenders. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Legal, Ethical & Regulatory Issues is the property of Dreamcatchers Group, LLC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Author Affiliations:

1Coastal Carolina University

2PricewaterhouseCoopers

ISSN:

15440036

Accession Number:

77851551

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<A href="http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=77851551&site=eds-live">PENALTIES FOR FEDERAL TAX CRIMES: THE IRS ARSENAL.</A>

Database:

Business Source Complete

Record: 6

Title:

CRIMINAL LAW: OBSTRUCTION OF JUSTICE: UNWARRANTED EXPANSION OF 18 U.S.C. � 1512(C)(1)

Author:

SARAH O'ROURKE SCHRUP

Source:

Journal of Criminal Law & Criminology, 2012/01/01, Vol: 102, p25

Citation:

102 J. Crim. L. & Criminology 25

Abstract:

I. Introduction In response to the 2001 and 2002 accounting scandals involving corporate luminaries such as Enron, WorldCom, Global Crossing, and Adelphia, Congress passed the Sarbanes-Oxley Act of 2002 (Act). 1 Although the Act's preamble is clear that the bill was designed to "protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws," 2 prosecutors have since its enactment endeavored to expand its reach far beyond the corporate fraud context. Specifically, prosecutors have used its obstruction of justice provision in 18 U.S.C. � 1512(c)(1) in a host of other types of cases, including garden-variety drug possession, 3 police misconduct, 4 and even when a defendant burned the body of a murder victim to conceal his crime. 5 And courts, perhaps unwittingly, have sanctioned this expansive use of � 1512(c)(1)'s provisions. This expansion is not only unsupportable under a proper construction of the Sarbanes-Oxley Act, but it creates absurdities in application and renders the statute void for vagueness. This Article posits that courts should reject prosecutorial efforts to expand the reach of Sarbanes-Oxley into drug crimes, which are clearly beyond its plain terms and the legislature's intent. A proper construction of 18 U.S.C. � 1512(c)(1) and the Sarbanes-Oxley Act generally shows that Congress intended to combat corporate fraud - or at most fraud generally - and not other types of crimes. Part II of the Article conducts an in-depth statutory construction of � 1512(c)(1) by reviewing its language, structure, related provisions, ...

Subjects:

banking law ;bankruptcy law ;criminal law & procedure ;governments ;insurance law ;securities law

Keywords:

prosecutorial

unsupportable

construction

specifically

introduction

legislature

application

absurdities

unwittingly

obstruction

Accession Number:

edslex77268D49

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Database:

LexisNexis Academic: Law Reviews

Full Text Database:

Record: 7

Title:

Can Criminal Law Be Controlled?

Author:

Brown, Darryl K.

Author Affiliation:

U VA

Source:

Michigan Law Review, April 2010, v. 108, iss. 6, pp. 971-91

Publication Date:

April 2010

Abstract:

Criminal law has long included far too many crimes of questionable merit--crimes of negligible wrongfulness, crimes that cause negligible harm, and crimes that require too little culpability on behalf of offenders. More recently, American criminal law in particular has imposed too much punishment-far more than it used to, far more than any other democratic nation. Douglas Husak's new book Overcriminalization offers an account of the normative parameters that should describe and limit criminal law, as well as a set of doctrines or tests for achieving those constraints. In this review of Husak's book, I describe Husak's theory and explore why he directs his argument to legislatures, which caused most of the overcriminalization in the first place, rather than to courts. With respect to most pieces of the overcriminalization problem, I suggest he is probably right to do so, but for reasons other than those he implies. Legislatures are poor institutions for acting on principles that conflict with majority sentiments. Yet legislatures have a long track record of reducing overcriminalization as popular views change, and courts have contributed to that project largely only after legislatures have led the way. Moreover, debates leading to changes in criminal law have often occurred partially on terms Husak makes central to his thesis. Nonetheless, courts may be the better--if still faint--hope for moderating policies of overpunishment, which so far legislatures have largely proven unable to address.

Descriptors:

Criminal Law (K140)

Keywords:

Crime; Criminal Law; Law

ISSN:

00262234

Publication Type:

Journal Article

Availability:

http://www.michiganlawreview.org/

Update Code:

201005

Accession Number:

1101267

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Database:

EconLit

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