Showing 41 - 50 of 13,233
Even though high penalties for corruption offences have a deterrent and preventive effect, they also entrap bribe-takers and bribe-givers in their corrupt relationship. Moreover, pending penalties can be misused to make threats against opportunistic behavior and can thus stabilize risky bribe...
Persistent link: https://www.econbiz.de/10009425286
Even though high penalties for corruption offences have a deterrent and preventive effect, they also entrap bribe-takers and bribe-givers in their corrupt relationship. Moreover, pending penalties can be misused to make threats against opportunistic behavior and can thus stabilize risky bribe...
Persistent link: https://www.econbiz.de/10009746173
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009746174
matters is needed. The parallelism with the US approach is deserved: mismanagement of federal funds is a federal crime …
Persistent link: https://www.econbiz.de/10013096428
The authors of the article bring forward hypothesis that EU law influences the national criminal law of the Member States and this impact both accepting new treaties and analyzing Jurisprudence of the Court of Justice increases. The authors discuss if there is the possibility of direct...
Persistent link: https://www.econbiz.de/10013085554
origin of crime money based on circumstantial evidence. The same circumstantial evidence is used to determine whether a …
Persistent link: https://www.econbiz.de/10013071329
Persistent link: https://www.econbiz.de/10013074576
This Article offers a modern progressive account of corporate criminal law using foundational principles of twentieth century progressivism. The central role of science and advancing technology define the architecture of this account. Some of the intractable challenges of using the criminal law...
Persistent link: https://www.econbiz.de/10012901095
A defendant who admits to having committed an offense may nevertheless be acquitted if he can provide a legally cognizable justification or excuse for his actions by raising an affirmative defense. This article explains how affirmative defenses generate social benefits in the form of avoided...
Persistent link: https://www.econbiz.de/10012897945
In three distinct disciplines, crime and punishment are studied experimentally: in empirical legal studies, in …
Persistent link: https://www.econbiz.de/10012993829