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NCJ Number: 64487 Find in a Library
Title: PENAL REPRESSION AND CIVIL REFORM
Journal: QUESTIONE CRIMINALE  Volume:4  Issue:3  Dated:(SEPTEMBER-DECEMBER 1978)  Pages:413-432
Author(s): F GALGANO
Corporate Author: Societa Editrice Il Mulino
Italy
Date Published: 1978
Page Count: 20
Sponsoring Agency: Societa Editrice Il Mulino
40125, Bologna, Italy
Format: Article
Language: Italian
Country: Italy
Annotation: THE DEEP HISTORICAL AND SOCIOECONOMIC ROOTS OF THE LACK OF ACCOUNTABILITY AND VIRTUAL IMMUNITY FROM CRIMINAL PROSECUTION OF WHITE-COLLAR CRIMINALS ARE EXPLORED WITHIN THE EXISTING ITALIAN POWER STRUCTURE.
Abstract: WHILE THE HIGH SOCIAL STATUS OF ECONOMIC CRIMINALS EXPLAINS WHY THEY ARE SO SELDOM CRIMINALLY PROSECUTED, OR EVEN EXPOSED, FOR THEIR ILLICIT FINANCIAL OPERATIONS, THE REAL REASONS ARE NOT ALWAYS TO BE SOUGHT IN THE COMPLICITY OF CORRUPT POLICE OFFICIALS, OR EVEN IN THE VAGUENESS OF CRIMINAL CODE PROVISIONS FOR WHITE-COLLAR CRIMES. POLICE OFFICIALS ARE OFTEN UNWILLING TO PROSECUTE HIGHLY-PLACED FINANCIAL MANIPULATORS BECAUSE THEY PERCEIVE THEM AS PLAYING A VITAL ROLE IN THE POLITICAL AND FINANCIAL POWER STRUCTURE OF THE COUNTRY, THEIR REMOVAL FROM WHICH MIGHT IRREPARABLY WEAKEN OR EVEN DESTROY IT. THE INESCAPABLE INTERDEPENDENCE AMONG ALL MEMBERS OF THE ECONOMIC SYSTEM IS STRONGLY FELT BY MEMBERS OF ITS LOWER ECHELONS; COMBINED WITH THE TRADITIONALLY MIDDLE-CLASS TRAIT OF MONEY WORSHIP, WHETHER THE MONEY IS OWNED OR HANDLED ON SOMEONE ELSE'S BEHALF, SUCH WHITE-COLLAR CRIME INVOLVEMENT RESULTS FROM A KIND OF HEROIC ALLEGIANCE TO THOSE WHOM THEY CONSIDER THE PILLARS OF THE EXISTING ECONOMIC SYSTEM. LOWER AND MIDDLE ECHELON MEMBERS OF THE FINANCIAL ESTABLISHMENT ARE WILLING TO TAKE RISKS, EVEN TO GO TO PRISON, IN THE NAME OF THE CAPITALIST IDEAL OF FINANCIAL PROFIT. SOME ECONOMIC CRIMES, SUCH AS BANKRUPTCY FRAUD, TAX EVASION, SECURITIES FRAUD, CRIMINAL NEGLIGENCE ON THE PART OF BUILDING CONTRACTORS RESULTING IN INJURIES AND DEATH FOR CONSTRUCTION WORKERS, LAND SALE FRAUD, AND OTHER ILLICIT REAL ESTATE SPECULATION ARE AMONG THOSE WHICH SELDOM SEE THE PUNISHMENT OF THE REAL, HIGH-RANKING PERPETRATORS; EXPENDABLE SUBORDINATES ARE ARRESTED AND PROSECUTED AS WILLING SCAPEGOATS FOR THE CRIMES OF THEIR SUPERIORS. THE PROBLEM OF EXPOSING AND PENALIZING WHITE-COLLAR CRIMES CANNOT BE SOLVED BY INCREASING THE PENALTIES ALREADY PRESCRIBED BY THE ITALIAN CRIMINAL CODE, BUT ONLY BY A THOROUGH REFORM OF THE EXISTING POLITICAL AND FINANCIAL POWER STRUCTURE. A BIBLIOGRAPHY IS APPENDED. --IN ITALIAN. (LGR)
Index Term(s): Accountability; Bankruptcy fraud; Capitalism; Civil liability; Civil proceedings; Consent search; Criminal codes; Deterrence effectiveness; Economic influences; Italy; Land sale fraud; Political influences; Socioculture; Tax evasion; White collar crime
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64487

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