NCJ Number
67335
Date Published
1976
Length
9 pages
Annotation
OFFICIAL AND PRIVATE MEASURES FOR THE PREVENTION OF WHITE-COLLAR CRIME IN WEST GERMANY ARE DESCRIBED.
Abstract
WHITE-COLLAR CRIME COVERS A VARIETY OF ECONOMIC AND LEGAL CIRCUMSTANCES INCLUDING FRAUDULENT CONTRACTS, CREDIT SHARKING, SECURITIES FRAUD, AND RETAIL BUSINESS CRIMES. A FIRST STEP TOWARDS THE PREVENTION OF ECONOMIC CRIME IS THE REFORM OF LAWS WHICH ENCOURAGE OR TOLERATE SUCH ACTIVITIES. IN THIS RESPECT, WEST GERMAN CORPORATE LAW, GOVERNMENT REGULATIONS ELIMINATING FREE COMPETITION (E.G., THE TRADE RULES OF THE COMMON MARKET), AND THE LEGISLATORS' TREND TOWARDS OVERREGULATION (WHICH MERELY OPENS NEW LEGAL GAPS) PRESENT THE MOST OBVIOUS SHORTCOMINGS. ANOTHER PREVENTIVE STEP IS TEACHING THE POPULATION TO PROTECT ITSELF AGAINST FRAUD. LEGAL EXPERTS (E.G., ATTORNEYS, NOTARIES), GOVERNMENT AGENCIES, AND THE MASS-MEDIA (DESPITE THE DANGER OF OFFENSE IMITATION) COULD PLAY A VALUABLE PART IN A COMPREHENSIVE INFORMATION EFFORT. THE POLICE DUTY TO WARN THE PUBLIC ABOUT ECONOMIC OFFENDERS DERIVES FROM ITS GENERAL TASK OF AVERTING DANGERS TO PUBLIC SAFETY AND ORDER. THE SELF-REGULATING MECHANISMS OF THE ECONOMY ITSELF--BOOKKEEPING AND BALANCING RULES, CIVIL LAW, AUDITORS, GUARANTEES, AND LIABILITIES--REPRESENT THE MOST IMPORTANT FACTOR IN CRIME PREVENTION. IN THE FIELD OF TRADE LAWS, A NUMBER OF REGULATIONS ARE PREVENTIVE IN CHARACTER: OFFICIAL QUALITY CONTROLS, PROHIBITIONS BARRING IRRESPONSIBLE PERSONS FROM OPENING A BUSINESS OR EXERCISING CERTAIN PROFESSIONS, OR THE OBLIGATION OF ALL GOVERNMENT AGENCIES TO REPORT ECONOMIC OFFENSES. MINOR ECONOMIC OFFENSES, WHICH PRESENTLY GO UNPUNISHED, COULD BE INCORPORATED INTO CRIMINAL LAW TO DEMONSTRATE TO THE PUBLIC THE SERIOUSNESS OF ECONOMIC OFFENSES AND TO CURB CRIMINAL ACTIVITY AT AN EARLY STAGE. THE ARTICLE INCLUDES FOOTNOTES. --IN GERMAN. (SAJ)