NCJ Number
68497
Date Published
1979
Length
97 pages
Annotation
A FRENCH RESEARCH PROJECT EXPLORING OFFICIAL COURT REACTION TO WHITE-COLLAR CRIME IS DESCRIBED, AND RESULTS ARE PRESENTED.
Abstract
THE STUDY WAS SPONSORED BY THE FRENCH DEPARTMENT OF JUSTICE AND IS BASED ON THE ANALYSIS OF ALL CONVICTIONS FOR WHITE-COLLAR OFFENSES IN 1976, AND ON 700 COURT RECORDS FOR BUSINESS OFFENSES IN 1978. THE STATISTICAL ANALYSIS REVEALED THAT WHITE-COLLAR CRIMES ARE RELATIVELY INSIGNIFICANT FOR THE COURTS; THEY AMOUNT TO ONLY 6 PERCENT OF ALL CONVICTIONS AND ARE USUALLY PUNISHED BY FINES BELOW 3,000 FRANCS. ONLY 1 PERCENT OF ALL CONVICTIONS ARE PRONOUNCED AGAINST LARGE CORPORATIONS, SMUGGLERS, OR TAX OFFENDERS. INSTEAD, MANY OF THOSE CONVICTED ARE WORKERS, EMPLOYEES, OR SMALL BUSINESS OWNERS. THE WORKERS WERE MOST OFTEN CONVICTED OF FRAUD, BREACH OF TRUST, AND FORGERY AND USUALLY RECEIVED PRISON SENTENCES WITH OR WITHOUT PROBATION. COMPANY MANAGERS AND COMPANY OWNERS SENTENCED FOR LABOR LAW AND SOCIAL SECURITY VIOLATIONS USUALLY PAID FINES, EVEN IF DEFAULT WAS INVOLVED. SMALL BUSINESS OWNERS AND ARTISANS WHO HAD VIOLATED ECONOMIC LAWS PAID A FINE OR RECEIVED JAIL SENTENCES; DEFAULT WAS CONSIDERED AN AGGRAVATING CIRCUMSTANCE. THE FEW CONVICTED COMPANIES WERE SMALL, RELATIVELY NEW AND IN A PRECARIOUS FINANCIAL SITUATION. OVERALL, THE STUDY REVEALED AN ASTONISHING DISCREPANCY BETWEEN THE PROFESSED GOALS OF CRIMINAL POLICY (I.E., PROSECUTING LARGE COMPANIES) AND ACTUAL COURT PRACTICE WHICH CONCENTRATED ON MINOR OFFENDERS. LARGE, INFLUENTIAL COMPANIES APPEAR TO FIND MORE DISCRETE WAYS OF SETTLING WHITE-COLLAR OFFENSES. THE ARTICLE INCLUDES NUMEROUS STATISTICAL CHARTS AND GRAPHS, A GENERAL BIBLIOGRAPHY WITH 26 CITATIONS, NOTES, A QUESTIONNAIRE FOR PROSECUTORS INTENDED FOR A FUTURE STUDY, AND RELATED MATERIAL. --IN FRENCH.