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WHITE COLLAR AND ECONOMIC CRIME: AN INTERNATIONAL PERSPECTIVE
Authors:Wojciech Cebulak
Affiliation:Rutgers—The State University of New Jersey
Abstract:In recent years increased attention has been paid by various international forums to the dangerous upsurge in internationally oriented white collar and economic criminality. At the same time, organs like the United Nations or the Council of Europe are attempting to effectively deal with economic crime occurring on national levels. The author traces the development of international efforts in the field by focusing on the relevant United Nations resolutions and agreements, as well as on documents adopted by the Council of Europe. It is demonstrated that the use of terminology which is not substantially different from theories of white collar crime developed on national levels, as well as indirect references to Sutherland's ideas, constitute the conceptual link between the international instruments dealing with white collar crime (including specific United Nations agreements and codes, and the work undertaken by the Council of Europe), and traditional, nationally-oriented theories. This similarity has far-reaching practical implications: except for purely international white collar crimes, many of which are of very recent origin, white collar crime theory can be applied in combating international crime occurring within national boundaries, the seriousness of which is evident from an examination of the relevant documents. The author advances a theory of international white collar crime and suggests that its increase necessitates the adoption of new theoretical horizons and new practical methods for dealing with this dangerous form of law-breaking which defies traditional notions of “crime” and “criminal”.
Keywords:comparative criminal justice  adversarial procedure  inquisitorial procedure  criminal trial  criminal policy  Italy  trial judge  policy transfer  legal transplantation  Codice di Procedura Penale
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