NCJ Number
60734
Date Published
1976
Length
611 pages
Annotation
RECOMMENDATIONS DERIVE FROM THE 11TH MEETING OF THE WEST GERMAN EXPERT COMMISSION ON FIGHTING WHITE-COLLAR CRIME.
Abstract
MEASURES PROPOSED RELATE TO REPORTING ONE'S OWN OFFENSES, (I.E., RETENTION OF THE RIGHT TO REPORT ONE'S OWN TAX EVASION OFFENSES, WITHIN 1 MONTH WITHOUT BEING PENALIZED AND INCLUSION OF THIS REGULATION IN THE CRIMINAL CODE) AND PENALIZATION OF SNOWBALL PRACTICES FOR ACQUIRING CUSTOMERS (I.E., PROVIDING SPEICAL ADVANTAGES TO CUSTOMERS WHO BRING IN MORE CUSTOMERS). NO CHANGES IN THE CONCEPT OF BUSINESS SECRETS ARE PROPOSED, AND PROTECTION IS TO REMAIN RESTRICTED TO THE PERIOD OF THE BUSINESS RELATIONSHIP, FEW CHANGES ARE TO BE MADE IN THE LEGAL DEFINITION OF INDIVIDUAL VIOLATIONS, WHICH ARE NOT TO BE TRANSFERRED TO THE CRIMINAL CODE. REVIEW OF POSSIBLE MEASURES TO PREVENT SABOTAGE OF BUSINESS IS RECOMMENDED. AN EXTENSIVE INDEX CONTAINS TEXTS OF REPORTS ON WHICH SPECIFIC RECOMMENDATIONS ARE BASED. TEXTS DISCUSS SUCH ISSUES AS THE NEED FOR REFORM OF LAWS GOVERNING COMPETITION, THE ADVISABILITY OF CRIMINAL PENALTIES FOR SNOWBALLING PRACTICES, CIVIL AND CRIMINAL LAWS RELATING TO THE PROTECTION OF BUSINESS SECRETS, AND LEGAL PROTECTION AGAINST THEFT OF TECHNICAL PLANS AND PATTERNS. FURTHER ISSUES DISCUSSED IN THE REPORTS ARE THE NEED FOR A DEFINITION OF BUSINESS SABOTAGE IN THE CRIMINAL CODE, THE PROS AND CONS OF RETAINING EXEMPTIONS FROM PROSECUTION FOR TAX EVASION, REPORTING ONE'S OWN CRIMES ACCORDING TO CRIMINAL LAW, DEVELOPING REGULATIONS ON THE EFFECT OF 'ACTIVE REMORSE' IN TAX MATTERS, THE DEFINITION OF 'ACTIVE REMORSE' IN AUSTRIAN LAW, AND THESES ON REPARATIONS. --IN GERMAN.