经济犯罪。

Quaderni di criminologia clinica Pub Date : 1976-10-01
S Dinitz
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引用次数: 0

摘要

经济犯罪,通常也被称为白领犯罪,是最具危害和掠夺性的犯罪之一。街头犯罪可能会有一些保护措施,而普通公民则完全任由经济犯罪的肇事者摆布。白领犯罪的概念最早是由埃德温·h·萨瑟兰提出的。他把这个问题当作一种违反信任的行为来处理,其中既包括虚假陈述,也包括口是心非。他主张使用刑事制裁而不是民事救济作为处理白领犯罪的手段。萨瑟兰的观点受到了法律界、社会学家、犯罪学家和舆论专家的抨击。他们认为,在民事法庭上处理的行为不是犯罪;罪犯是那些被定义为罪犯的人,而白领罪犯既不是这样定义的,他们也不把自己定义为罪犯,最后,经济犯罪是普遍存在的。那么,批评家们会问,有人会是罪犯吗?Clinard、Quinney、Black、Ball、Cressey、Newman等人的许多研究都将对白领犯罪的兴趣转化为实证研究。过去的35年也见证了理论本身的阐述和变化。Geis的工作在这方面尤为重要。他的“街头犯罪”与“套房犯罪”是一种有用的二分法。然而,最重要的是赫伯特·埃德尔赫兹的专著和论文,他从各个层面对这些问题进行了概念化——从消费者欺诈到跨国公司的非法活动。本文对该领域的理论和研究进行了阐述。最重要的是,本文对经济犯罪问题是否可以研究提出了严重的质疑;它提出了关于经济犯罪及其预防、管理和控制所涉法律和社会问题的更加困难的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
[Economic crime].

Economic crime, often also referred to as white collar crime, is one of the most incidious and predatory of offenses. Unlike street crime, for which there may well be some protection, the average citizen is completely at the mercy of the perpetrators of economic crimes. The concept of white collar crime was first identified by Edwin H. Sutherland. He dealt with the problem as a violation of trust involving either or both misrepresentation and duplicity. He argued for the use of criminal sanctions rather than civil remedies as a means of dealing with white collar offenses. Sutherland's views were attacked by the legal profession, by sociologists and criminologists and by public opinion specialists. They contended that an act treated in civil court is not a crime; that criminals are those persons who are defined as such and white collar criminals are neither so defined nor do they define themselves as criminals and, finally, that economic crime is universal. Can anyone be criminal, then, ask the critics? A number of studies by Clinard, Quinney, Black, Ball, Cressey, Newman and others have translated the interest in white collar crime into empirical terms. The last thirty-five years have also witnessed the elaboration and alteration of the theory itself. Geis' work has been particularly important in this respect. His "street" versus "suite" crime is a useful dichotomy. Most important, however, have been the monograph and papers by Herbert Edelhertz who has conceptualized the issues on various levels - from consumer fraud to the illegal activities of the multinational corporation. This article is concerned with the exposition of the theory and research in the field. Most significant, the paper raises serious doubts whether the problem of economic crime can be researched and studied; it raises even more difficult issues concerning the legal and sociological implications of economic crime and of its prevention, management and control.

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