{"title":"Criminologist in the company a pilot crime prevention","authors":"Gino Ríos Patio","doi":"10.15406/FRCIJ.2018.06.00234","DOIUrl":null,"url":null,"abstract":"Crime is -according to precise definition criminology-inter subjective conflict of interest involved in the violence factor that grows exponentially and causing damage to the parties involved and third parties. There are-without a doubt-in this definition, a human component -would best staff-and a social element, which shows the individual and social nature of the crime, under which this conflict phenomenon violent and problematic affects people and society as a whole, so it deserves the attention of every individual, the community and the state. Given the peculiar characteristics of the crime indicated above-to your multicausal and multifactorial nature as well as its ubiquity and its unquenchable nature add-It is not possible to neutralize, control, reduce or less prevent it through the exercise of punitive power, but only through the criminological scientific knowledge, which precisely allows early detection of causes, factors, conditions and criminogenic stimuli, with a view to preventing crime. In that sense, criminology as a holistic social science, studying the causes of crime, analyzes the offender, appreciates the victim and evaluates social control, in order to provide objective and verifiable scientific information to help design policy criminology to advocate effectively achieving the aforementioned preventive purposes and positive intervention actions necessary. The human person-only being with consciousness, will and freedom-It is offending agent par excellence; however, the criminal doctrine-although not peacefullyHe considers that legal person may also commit a criminal offense. It is not the subject of this article, we discuss the reasons for and against the criminal liability of the legal person, just that Act No. 30424-modified Leg. No. 1352-provides that a legal person can have administrative and criminal responsibility for the offenses of bribery active transnational, money laundering, illegal mining, organized crime and collaboration with terrorism and, consequently, deserve severe penalties in these areas, for it is justified-from the standpoint of theoretical and practice-analysis of the new legal requirement that companies have an effective crime prevention program so they can absolve themselves of responsibility. In addition, the social usefulness of the study that this article describes is undeniable, as being a legal obligation very new, it is necessary to disseminate its meaning and scope, in order not only to meet the standard but, above all, to learn about the implementation and characteristics of the compliance program as work product criminologist in the company. Since ancient times; founders, managers and employees of a private partnership or company, have created and/or used the organization of an entity to commit or facilitate crimes. Are asaz known cases of the retinues of Outlaws of the Middle Ages, companies of mercenaries and condottieri of the Renaissance, the secret brotherhoods of the eighteenth century, the Neapolitan Camorra, the Sicilian Mafia, the cosa Nostra, the gang, the band and up modern criminal organization, transnational in nature. Currently-for reasons having to do with the social, cultural, economic and political change-the causes, factors, conditions and incentives to shift behaviour toward crime possibilities have multiplied and worsened in dañosidad, as in the case of economic crime, environmental crime, organized crime and white-collar crime called. This problem of crime economic or corporate power, has amplified the world and its evolution has meant a mutation of the organizational structure and as effectively multiplying its power, manifested in their criminal actions a real challenge to the national authority. Are varied factors and conditions that have made possible the growth of transnational organized crime that in some of its forms, perpetrated by companies, such as the giddiness and immense possibilities of international transport, which along with other economic factors and they have increased financial flows of legal goods as well as illegal; the operation of trade and production globally; and the vast network of international connections. This postmodern factual situation has demanded the adoption of measures of institutionalized prevention, aimed at minimizing the occurrence or eliminate the risk of crimes committed through the organization of a company, such as the obligation to implement a corporate prevention, which is the result of the work of the criminologist, as argued in this article, which is proposed in chapter show the basics of criminology and criminological policy to spread in business virtues and advantages of this social science regarding the right criminal, giving it greater range and efficiency, so that they are not confused with criminalities and auditing; analyzing and evaluating the second chapter the meaning, scope, conditions, requirements and compliance program effectiveness; exhibit in the third chapter the importance, usefulness and urgency of the situation facing the current unseen crime, criminologist work in a company; and finally arrive at the conclusions involving the introduction of this new criminological preventive measure.","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"132 3 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Foresic Research & Criminology International Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15406/FRCIJ.2018.06.00234","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Crime is -according to precise definition criminology-inter subjective conflict of interest involved in the violence factor that grows exponentially and causing damage to the parties involved and third parties. There are-without a doubt-in this definition, a human component -would best staff-and a social element, which shows the individual and social nature of the crime, under which this conflict phenomenon violent and problematic affects people and society as a whole, so it deserves the attention of every individual, the community and the state. Given the peculiar characteristics of the crime indicated above-to your multicausal and multifactorial nature as well as its ubiquity and its unquenchable nature add-It is not possible to neutralize, control, reduce or less prevent it through the exercise of punitive power, but only through the criminological scientific knowledge, which precisely allows early detection of causes, factors, conditions and criminogenic stimuli, with a view to preventing crime. In that sense, criminology as a holistic social science, studying the causes of crime, analyzes the offender, appreciates the victim and evaluates social control, in order to provide objective and verifiable scientific information to help design policy criminology to advocate effectively achieving the aforementioned preventive purposes and positive intervention actions necessary. The human person-only being with consciousness, will and freedom-It is offending agent par excellence; however, the criminal doctrine-although not peacefullyHe considers that legal person may also commit a criminal offense. It is not the subject of this article, we discuss the reasons for and against the criminal liability of the legal person, just that Act No. 30424-modified Leg. No. 1352-provides that a legal person can have administrative and criminal responsibility for the offenses of bribery active transnational, money laundering, illegal mining, organized crime and collaboration with terrorism and, consequently, deserve severe penalties in these areas, for it is justified-from the standpoint of theoretical and practice-analysis of the new legal requirement that companies have an effective crime prevention program so they can absolve themselves of responsibility. In addition, the social usefulness of the study that this article describes is undeniable, as being a legal obligation very new, it is necessary to disseminate its meaning and scope, in order not only to meet the standard but, above all, to learn about the implementation and characteristics of the compliance program as work product criminologist in the company. Since ancient times; founders, managers and employees of a private partnership or company, have created and/or used the organization of an entity to commit or facilitate crimes. Are asaz known cases of the retinues of Outlaws of the Middle Ages, companies of mercenaries and condottieri of the Renaissance, the secret brotherhoods of the eighteenth century, the Neapolitan Camorra, the Sicilian Mafia, the cosa Nostra, the gang, the band and up modern criminal organization, transnational in nature. Currently-for reasons having to do with the social, cultural, economic and political change-the causes, factors, conditions and incentives to shift behaviour toward crime possibilities have multiplied and worsened in dañosidad, as in the case of economic crime, environmental crime, organized crime and white-collar crime called. This problem of crime economic or corporate power, has amplified the world and its evolution has meant a mutation of the organizational structure and as effectively multiplying its power, manifested in their criminal actions a real challenge to the national authority. Are varied factors and conditions that have made possible the growth of transnational organized crime that in some of its forms, perpetrated by companies, such as the giddiness and immense possibilities of international transport, which along with other economic factors and they have increased financial flows of legal goods as well as illegal; the operation of trade and production globally; and the vast network of international connections. This postmodern factual situation has demanded the adoption of measures of institutionalized prevention, aimed at minimizing the occurrence or eliminate the risk of crimes committed through the organization of a company, such as the obligation to implement a corporate prevention, which is the result of the work of the criminologist, as argued in this article, which is proposed in chapter show the basics of criminology and criminological policy to spread in business virtues and advantages of this social science regarding the right criminal, giving it greater range and efficiency, so that they are not confused with criminalities and auditing; analyzing and evaluating the second chapter the meaning, scope, conditions, requirements and compliance program effectiveness; exhibit in the third chapter the importance, usefulness and urgency of the situation facing the current unseen crime, criminologist work in a company; and finally arrive at the conclusions involving the introduction of this new criminological preventive measure.