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Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev
Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev
Review of law sciences
The article discusses the theoretical basis of implementation of one of the goals of punishment, namely the prevention of crime. It also examines the philosophical and historical assumptions of the definition of the purpose of punishment, and the effectiveness of the modern penal system and practices of their purpose from the point of view of achieving the goal of crime prevention. The attention is focused on the low efficiency of crime prevention on the part of the convicted person (special prevention) on the basis of the indicator of the level of recurrence of crimes. It is stated that the reason …
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci
Vanderbilt Journal of Transnational Law
This Article analyzes cartel criminalization in Europe from a deterrence and institutional perspective. First, it investigates the idea of criminalization by putting it in perspective with the more general question of what types of sanctions a jurisdiction might adopt against collusive behavior. Second, it analyzes the institutional element of criminalization by (1) discussing the compatibility of administrative enforcement with the potential de facto criminal nature of administrative fines under European law and (2) evaluating the trade-offs between an administrative and a criminal model of enforcement. Although a "panoply" of sanctions against both corporations and individuals may be necessary under a …