Challenges in the Field of Economic and Financial Crime in Europe and the US

Erscheinungsjahr 2017
ISBN: 978-1-5099-0803-5
Verlag: Hart Publishing

Buch, Englisch, 312 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 592 g

Reihe: Hart Studies in European Criminal Law

In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms.

The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

Autoren/Hrsg.

Ligeti, Katalin

Franssen, Vanessa

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Straf- und Strafverfahrensrecht
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Current Challenges in Economic and Financial Criminal Law in Europe and the US
Katalin Ligeti and Vanessa Franssen

Part I: Challenges with Respect to Substantive Criminal Law
2. Prosecutors and Judges as Corporate Monitors? The US Experience
Bruce Zagaris
3. The Necessity of Compliance Programmes Under German Law-'Burden' or 'Blessing'?
Alexander Cappel

Part II: Challenges with Respect to the Administration of Justice and Criminal Procedure
4. Detecting Economic and Financial Crime: A Special Toolkit of Investigation Techniques in Luxembourg
Jeannot Nies
5. The Role of Whistleblowing and Leniency in Detecting and Preventing Economic and Financial Crime: A Game of Give and Take?
Christopher Harding
6. Negotiated Justice-Balancing Efficiency and Procedural Safeguards
Sabine Gless and Nadine Zurkinden

Part III: Challenges with Respect to Multi-agency Cooperation and Multi-disciplinary Investigations
7. Cooperation Between Administrative Authorities in Transnational Multi-agency Investigations in the EU:

Still a Long Road Ahead to Mutual Recognition?
Lothar Kuhl
8. Jurisdictional Issues in Transnational Multi-agency and Multi-disciplinary Investigations of Economic and Financial Crimes
John Vervaele
9. Transnational Multi-disciplinary Investigations and the Quest for Compatible Procedural Safeguards
Michiel Luchtman
10. The Consecutive Application of Different Types of Sanctions and the Principle of Ne Bis in Idem: The EU and the US on Different Tracks?
Martin Böse

Part IV: Challenges with Respect to Shared or Integrated Enforcement Models
11. Challenges in the Field of Economic and Financial Crime from a European Perspective
Jeroen Blomsma
12. Enforcing Prudential Banking Regulations in the Eurozone: A Reading from the Viewpoint of Criminal Law
Silvia Allegrezza and Ioannis Rodopoulos
13. Strategy of Integrated Enforcement: The UK Competition and Markets Authority
Stephen Blake

Über Autor(innen)

Ligeti, Katalin
Katalin Ligeti is professor of European and International Criminal Law at the University of Luxembourg. She is Vice-President of the International Association of Penal Law (AIDP/IAPL) and co-coordinator of the European Criminal Law Academic Network (ECLAN). With Hart she has published volumes that gather seminal work on comparative criminal law and procedure (Toward a Prosecutor for the European Union, 2013; Challenges in the Field of Economic and Financial Crime in Europe and the US, 2017)

Franssen, Vanessa
Vanessa Franssen is Professor at the University of Liège (Belgium), affiliated senior researcher at the Institute of Criminal Law of the KU Leuven (Belgium) and guest lecturer at the Faculty of Law, Economics and Finance of the University of Luxembourg. Furthermore, she is a member of the Brussels bar.

Katalin Ligeti is Professor of European and International Criminal Law at the University of Luxembourg.
Vanessa Franssen is an assistant professor at the University of Liège, an affiliated senior researcher at the KU Leuven and a guest lecturer at the University of Luxembourg.