The Crime of the White Collar

The term “white-collar crime,” arose in 1939 during a speech given by Edwin Sutherland, the American Sociological Association.

Considered one of the greatest criminalists of his time in the United States he was elected president of the American Sociological Association, much of his study was influenced by the Chicago school’s approach to the study of crime, which emphasized human behavior as determined by environmental, social and physical factors.

 

Crime committed by a person

Crime committed by a person

Sutherland defined the term as the crime committed by a person of respectability and high social status, socioeconomic status, in the course of his occupation, almost always occurring a breach of trust.

While there is some debate as to what qualifies a white collar crime, the term usually covers crimes without violence, usually committed in commercial situations for financial gain. Many of these crimes are difficult to perceive because they are prepared by sophisticated criminals, who use every conceivable device to attempt to hide their activities through a series of complex transactions.

There is often an impression of impunity by the offender against the penal system, which seems to select people rather than actions. Penalties for white-collar crime offenses include fines, restitution, imprisonment, etc. However, these sanctions can be reduced if the defendant helps the authorities in their investigation.

Howard Becker, gives a paradigmatic statement “this, of course, is one of the most important points in Sutherland’s analysis of White-Collar Crime: crimes committed by societies are almost always prosecuted as civil cases, but the same crime committed by an individual is usually treated as a criminal offense. “

 

We need only verify the prison population

We need only verify the prison population

Where it is latent that, in general, poverty is punished. For it has the impression that the agent with the greatest financial power is a socialized person. When in fact the socialized agent is not the one who has the best social-financial condition, but the one who is able to follow rules, which fits the law, regardless of race or social class.

Cláudia Cruz Santos warns that “even in cases where the news of the white collar crime comes to the attention of the police, the effort necessary to carry out the investigation may not be verified. The complexity of the infractions, the costs of the investigation and, above all, the evaluation made by the police themselves regarding the lower severity of the conduct are discouraging effective intervention.

And at the moment the police’s own prejudices work: in a situation of insufficient resources in the face of the number of cases to be investigated, choices must be made; the dominant representations of the most pernicious crimes for the community and the perpetrators of common crimes that have the highest visibility. “

 

With the above statement

crime statement

We verify that the police officer will act with discretion, not engaging in the investigation, thus not giving sufficient basis for the Public Prosecution and the Judiciary.

Braithwaite noted that “if the crime of the powerful is explained by some having too much power and wealth and if ordinary crimes are explained by the fact that others have very little wealth and power, a redistribution of wealth and power will diminish crime.”

White-collar crime can victimize thousands of people, so it would be better to prevent evil, giving importance to prevention, and applying stiffer penalties to those who commit the offense.

Types of Insurance Bond : Which One to Choose For Your Company?

Have you ever considered the damage that your company would have in the event of a fire or an assault on the establishment? If not, it’s time to start thinking about it and consider hiring insurance bond.

Now, if you have already thought about the idea, you must have realized that the market offers several options. So to make the right decision, you need to understand each one of them.

To help you with this, we will see in this post what are the types of insurance bond coverage and what is the most appropriate option according to your company’s needs! Check out:

How important is it to take out business insurance bond?

 How important is it to take out business insurance?

Any business is subject to the actions of malicious people and unexpected accidents, like fires, floods, among others. All this can generate a series of losses that, depending on the proportion, lead to the closing of the business.

If you want to protect your assets and avoid these risks, it is essential to take out insurance bond for companies. It guarantees compensation in cases of damage or loss of equity and sometimes even in the event you have to paralyze your activities for a few days.

What are the types of insurance bond coverage?

 

 What are the types of insurance coverage?

As we said, to make an assertive decision it is essential that you understand each type of insurance bond and choose the one that best meets the needs of your business. So what are the types of coverage that exist:

Basic

Most basic type insurance bond protects your assets from fire, explosion or lightning strikes in the company. In addition, they usually offer coverage regarding expenses incurred for this type of accident, such as rescue or unclogging.

That is, in this modality, you protect the equity of your company in case you suffer from the listed accidents. This means that the insurer must indemnify your company according to what was decided at the closing of the contract.

Additional

Basic insurance bond does not cover all the risks your business runs, protecting your business in a limited way. So, to cover more areas and situations, it is essential that you count on the extras that are offered by the insurer.

These add-ons generally protect your business against more specific damages, such as:

  • electrical damages
  • robberies and thefts;
  • glass breaking or advertisements;
  • daily standstills;
  • damage or loss of equipment, due to some external factor;
  • floods, among others.

This way, you increase the protection of your company against situations that are beyond your control.

 

How to choose the best insurance bond for your company?

 

 How to choose the best insurance for your company?

Begin by making a diagnosis of the main risks that your company runs due to the location of the establishment, the type of activity performed and the area of ​​operation. Also predict how much you can invest – this is essential when looking for the best type of insurance bond coverage.

With this data in hand, conduct a search about which packages are available on the market and record those that meet your needs by comparing what is offered by each.

Even, be careful when choosing the insurer , looking for reliable companies with experience and good references in the market and a specialist broker will help you in the best hiring. This is also crucial for you to get the best package and ensure that the contract is fulfilled.

Finally, as we have seen, understanding the types of insurance bond coverage you can get for your company is the first step for you to avoid losses due to situations that are beyond your control. And now, with these tips, you’re already one step ahead!

So, did you like the post? Take advantage of checking out Prospero solutions and discover how to protect your company with us!

Who cares about overburdened criminal justice?

A democracy must preserve the rights of freedom of citizens. A dictatorial regime, by contrast, edits laws with just the opposite purpose: to restrict, at the discretion of the holder of power, that freedom. In Brazil, it seems, we live a democracy. However, the current criminal policy is the same adopted in countries where the dictatorial regime prevails. At any moment new criminal laws arise prohibiting or imposing certain behaviors, under the threat of a penal sanction. Today, unfortunately, we live a chronic disease, called legislative inflation. If, with the grace of God, we no longer talk about economic-financial inflation, this model of inflation was imported by criminal law.

Criminal justice can no longer fulfill its role of judging criminal facts.

Criminal justice can no longer fulfill its role of judging criminal facts.

There are so many penal laws that a sense of anomie, that is, of absence of laws, is created, paradoxically. Criminal justice can no longer fulfill its role of judging criminal facts. In this way, proceedings are stopped on serious matters, such as those investigated by others committed by criminal organizations, crimes against the economic and financial order, crimes against the Public Administration (corruption, concussion, etc.).

Recently, on May 5, 2010, Law No. 12,234 arose, with the purpose of ending the so-called retroactive prescription, that is, that which was counted from the date of committing the event until the effective date of receipt of the complaint. This prescription led to the extinction of the punishability of facts that were not normally considered as serious, such as light bodily injuries, crimes against honor, crimes against property, and so on. Moreover, they released the limited resources of the state apparatus to face the most serious crimes.

Criminal Law

Criminal Law

The new law will lead to a huge number of convictions, creating a calamity in the prison system, if that is still possible, since this system is already at an unbearable level. The big question is: who cares about overloaded criminal justice? Who is interested in the multiplication of processes at the enforcement stage?

This multiplication of processes of little importance, which will no longer prescribe, will overwhelm the Criminal Justice in such a way that the processes understood as more important will end up being left aside or, at least, will divide the human and material resources of the state apparatus, already scarce. The more processes, the more slowness.

It is time (in fact, the hour has passed) to change the typical criminal policy of a law and order movement of Maximum Criminal Law. It is time to adopt another one, of a minimalist nature, choosing priorities, punishing the facts that imply serious damages to the juridical goods and leaving the other branches of the legal order, like the civil, the administrative, the tributary, etc. – take care of those who do not have the importance required by Criminal Law.

Criminal Law has been selective to reach only the miserable portion of the population. It is only to visit the prison system in order to know the percentage of inmates who belong to the middle class or to the upper class. The number will be ridiculous. However, one wonders: will there be frequency of crimes of corruption and evasion? However, with rare exceptions, only the poor are prosecuted and imprisoned.

It’s time to change. We need to choose priorities, and one of them must be the fight against corruption. The corrupt are, in fact, genocidal. They are exterminators of children, the sick, the elderly. Their pathology (never satiated with what they have) leads to social chaos, while the corrupt, smiling, sympathetic and with his white collar, continues to pose with hypocritically austere air of a good man, insensitive to the evil he causes.

In my opinion, the new Law nº 12.234, of May 5, 2010, far from solving problems, will burden the prison system with facts of little importance. In addition, it will increase the processes that should be judged by the State and Superior Courts. In this way, one wonders, once again: who is interested in an overloaded criminal justice system?

Pistorius case: decision Friday on a possible release on bail

The accusation against Oscar Pistorius, weakened by the flaws of the investigation, suffered an additional setback on Thursday with the eviction of the chief investigator, prosecuted for attempted murder, without impressing the judge who continued to question the behavior of the athlete South African.

Pistorius, the 26-year-old disabled sports champion, is accused of killing his girlfriend, model Reeva Steenkamp, ​​on Valentine’s Day, firing four times with her pistol on the bathroom door of the adjoining bathroom. to his room where, he says, he thought a burglar had locked himself up.

While the judge must decide Friday on his release on bail, he ” concluded the debates of the day without giving any indication as to whether Oscar Pistorius would get his release on bail or not, ” said his family in a statement, saying ” wait patiently for the outcome ” and ” its total respect for the procedure “.

The weaknesses of the investigation have more than ever been brought to light Thursday. Police confirmed that his investigator Hilton Botha was facing a charge of attempted murder after a shooting in service in 2011.

The case was reopened just recently and a new investigating chief Vineshkumar Moonoo had to be appointed urgently in the Pistorius case. ” It is in the interest of the credibility of justice, ” said the prosecution, which in South African law leads the prosecution and also represents the victim.

Already totally destabilized by the defense of Pistorius on Wednesday, the offending policeman had dragged his feet to come Thursday morning to the hearing, causing a long suspension of session.

Taken head-on by Pistorius’ lawyer, the formidable criminal Barry Roux, Hilton Botha has publicly acknowledged the flaws in his investigation.

” I’m sure it could have been better,” he said, as the investigators visibly worked in spite of common sense, blessed bread for the defense who noticed they had forgotten to skate on foot so as not to defile the crime scene, to check the accused’s calls or to retrieve a socket that has fallen into the toilet bowl.

Pure speculation

Pure speculation

As for the thesis of a dispute between Oscar and Reeva, ” it’s pure speculation, ” defended Barry Roux, criticizing hourly inconsistencies in the testimony of the neighbors, and adding that if his client had wanted to kill Reeva, ” he could have done it anywhere. “

” There is no evidence that he knew it was Reeva who was in the bathroom, ” he said.

Pistorius says that his friend got up just as he was going out to get a fan on the balcony. On his way home, he says he heard a noise in the bathroom and believed in a burglar. He claims to have realized that Reeva was inside only after firing through the toilet door.

The autopsy showed that ” there was no trace of a single drop of urine ” in the young woman’s bladders, according to her lawyer. A detail consistent with the sequence described in the testimony of Pistorius: she had just relieved himself when he killed her by accident.

Judge Desmond Nair did not, however, leave one wondering. He asked why Pistorius was not disturbed by Reeva’s silence when he asked her to phone the police to report the robbery.

He also mentioned a recent incident in a Johannesburg restaurant in January, when Pistorius fired a shot in public: ” There is evidence that the accused intrigued after the shot by asking someone to wear the hat “.

The prosecution

The prosecution

The prosecution has resumed its prosecution, stressing that ” no court could believe that Pistorius acted in self-defense ” and that the accused was ” ready to shoot and wanted to kill “.

He also found it suspicious that Pistorius could have rushed to get his gun under the bed, passing twice to the side where his friend was supposed to sleep without seeing her. ” Do you want to protect her but you do not even look at her? ” He quipped.

The trial on the merits is not expected for several months. For now, only the decision of release on bail is expected.

Several sponsors have already dropped the athlete, including Nike. But Pistorius is surrounded by communication professionals, who feed his website with daily news and messages of support.

The judge must balance the risks of disturbances to public order but also the risks of flight, while voices are raised to denounce a possible preferential treatment with regard to the athlete who might want to escape the harsh South African prison conditions.

Insurance Bond Broker: What Is The Role Of Those Who Work In The Business?

A company, regardless of its size, needs to be sure to invest in its equipment, its structure as a whole and even the work of its staff and executives without risking losing everything for an unforeseen event.

As a result, companies have increasingly been concerned with hiring an insurance bond broker to have the necessary insurance.

It turns out that choosing the necessary insurances as well as their coverages and values ​​to be insured is not such a simple task as well.

And that is why the advice of an insurance bond broker is as indispensable as hiring business insurance.

Keep reading our post to understand a little more about the role and importance of an insurance bond broker for your company.

The role of the insurance bond broker that acts in the corporate

The role of the insurance broker that acts in the corporate

The first function of an insurance bond broker before a company is to analyze the financial activity developed, the corporate structure, the size, its structure, the type of work performed by the employees, the place where it is located, and other variables.

Having analyzed all these data, the insurance bond brokerage can guide the company in the definition of the insurance and respective coverages to be contracted, all according to the specific and customized need for each company.

Once the indispensable coverages and the corresponding values ​​of the policies have been defined, only an insurance bond brokerage can count on a variety of insurers partners.

This makes it much easier to find the insurer that offers the insurance with the coverages chosen, with values ​​and forms of payment that fit the financial condition of the company.

In addition, if the ideal insurer is chosen, the responsible insurance bond broker will also have the role of analyzing the policy to be signed between the insurer and the company to ensure that everything is within the legal compliance and according to what has been verbally agreed .

How to avoid mistakes in hiring.

 

It is common for managers who opted for independent contracting, without the advice of the insurance bond brokerage, to fall into a few pranks that may exclude some coverage or expose the company to losses for a contracted coverage amount below what is necessary.

The broker avoids these risks and misunderstandings to your company.

And, even after the policy has been concluded, the insurance bond broker will continue to work as a personalized advisor in order to guide the client in all doubts that may arise during the term of the insurance contract and directing how much the actions mitigation .

But more importantly, the company can count on the insurance bond broker’s support in the event of an accident. In this sense, the brokerage can guide the company in how to proceed to trigger the policy, as well as make the necessary contacts with the insurer to assist in this moment.

The importance of the insurance bond broker for companies

The importance of the insurance broker for companies

It is very likely that after reading about the role of insurance bond broker for companies you have already been convinced of the importance it has in the choice of insurance, in the protection of assets and risks and also in the relationship with the insurer.

Even so, we can highlight that the insurance bond broker has its importance, to a large extent, in the definition of insurance and respective coverages necessary for the company. After all, the company can not run the risk of not hiring coverage that it may need, even if it is not yet able to visualize its need at that time.

It is very common that companies want to hire only the coverage of problems they have faced in the past. Thus, if it has already been stolen, it becomes easier to see the need for theft and robbery insurance, but if you have never faced this problem, it will be difficult for it to realize, without the help of the broker, the existence of this need.

The opposite can also happen when there is no help from the insurance bond broker, which is the hiring of coverages that do not serve to that specific company, causing the company to spend money without need.

This is especially true when the company copies the insurance contracting made by another corporation, relying on the idea that what is good for one company is good for another.

As previously pointed out, the contracting of insurance for companies must be personalized, so that only the necessary coverages are contracted, neither more nor less.

This personalization of the insurance will only be done properly by an insurance bond broker , person qualified, qualified by SUSEP and trained for it.

Major Business Insurances

 

The business insurance available on the market may vary according to each insurer. Listed below are the main ones.

General Business Insurance

General Business Insurance

Basic coverages: fire, explosion and lightning strike.

Additional coverages: theft / robbery, glass break and light commercials, mobile and stationary equipment, electrical damages, rent loss or payment, expenses of restoration of records and documents, shutdowns and others.

Machinery and equipment insurance

Machinery and equipment insurance

It guarantees the machines and equipment of the most diverse branches of activity, such as construction, industry and medical and dental.

Coverages against physical and electrical damages, subtraction, loss or payment of rent and civil liability.

Fleet Insurance

Fleet Insurance

It guarantees the protection of the property and also the safety of the employees who make use of it.

Coverage against collision, fire, theft and theft, personal accidents per occupant and optional civil liability of the vehicle (RCF-V) for material and bodily damages.

Transportation Insurance

Transportation Insurance

Guarantees the indemnification for the damages caused to the good during the transport.

Main coverage against damage and loss of goods during transportation. The insurance can be contracted for national and / or international transportation.

Life and personal accident insurance

 

Collective insurance can be contracted for employees and managers of the company. This insurance can still be offered as a benefit to employees.

Basic Coverage: Natural or Accidental Death

Additional coverages: medical and hospital expenses, temporary disability allowance, total or partial permanent disability due to accident and funeral assistance.

D & O Insurance

 

It protects people directly involved in the administration of the company, such as: statutory and non-statutory directors, members of the Fiscal Council and Board of Directors, attorneys with management powers and employees’ lawyers.

This is just a sampling of the numerous types of business insurance currently available and marketed by brokerage firms.

Faced with this variety, it is natural that it is difficult to choose insurance with its basic coverage and additional ideas for each company. And that’s exactly what the insurance bond brokerage is specialized for. So, be sure to rely on a reputable broker to choose your business insurance.

 

Political and legal aspects of the crime of bagatel

The Principle of Bagatela, also known as the Insignificance or Social Irrelevance of the Fact, is one of the most controversial subjects of the Brazilian Criminal Law.

Before going on to the specifically proposed subject, it is necessary to analyze the concept of crime, noting that the Penal Code of 1940, still in force, does not refer to it, only adding in its Explanatory Memorandum that “Criminal offense is considered a crime that the law commits a sentence of imprisonment or detention, either alone or alternatively with the penalty of a fine … “. Such a task, then, fell to the Doctrine. And it provides us with the formal, material, and analytical concepts of crime.

Nominal definition

Nominal definition

The formal and material concepts, as they correspond, the first the nominal definition (relation of a term to that which designates it) and the second the real definition (the content of the punishable fact), do not deserve further consideration. It is the analytical concept that interests us to dissect, rather than being the cornerstone on which legal dogmaticism is based for the analysis of the structural elements of the crime.

By adopting, as I do, as an analytical concept, crime is the typical, unlawful and guilty fact, a whole commitment occurs with the doctrinal current that had its beginning with Carmignani, for whom the criminal action would be composed of and a moral force represented by guilt, this theory is complemented by Beling with the introduction of typicality and later with the antijuridicity visualized by Binding.

As Welzel has pointed out, “the concept of guilt adds to that of the unlawful action – both a willful and non-willful action – a new element, which is what makes it a crime.”

Guilt is nothing more than personal reproach for the performance of typical and unlawful conduct, and the agent may know the unlawfulness of his behavior, and he is required to act in accordance with the law.

Crime

Crime

It is necessary to recognize that the crime is perfected, in the words of Cezar Roberto Bitencourt, with guilt. Thus, the typical and unlawful act or omission to constitute a crime must be guilty.

Then, the concepts of type and typicity are confronted, since their distinction is fundamental to the demarcation of the proposed theme.

The standard expression, borrowing the lessons of Mirabete, “is not normally employed by law, but was introduced into the Penal Code with the reform of the General Part of 1984 (article 20). It is a free translation of the German word Tatbstand. The term type expresses the idea of ​​’model’, ‘scheme’ and is a purely conceptual figure. Type is, in Welzel’s words, the concrete description of the prohibited conduct, that is, the content or matter of the norm. “

Typicity, in turn, is the perfect suitability of a willful or guilty conduct to an incriminating criminal type. Francisco de Assis Toledo states that in order for a human conduct to be considered a crime, it is necessary that it can be initially affirmed as typical, that is, that such conduct conforms to a legal type of crime.

The antijuridicity, according to Heleno Fragoso is the contradictory relation between the typical fact and the norm. The conduct of the typical conduct usually reveals the illegality, since the type is, substantially, type of illicit, that is, model of the conduct that the legislator prohibits and tries to avoid, making it illicit.

Given these considerations, it is necessary to recognize the complexity of such concepts, since typicality is not exhausted in the logical-formal judgment of subsumption of fact to the legal type of crime. The action described typically must prove to be offensive or dangerous to the legal good protected by the criminal law. It can be said, therefore, that human behavior, to be typical, must not only formally conform to a legal type of offense, but also be materially damaging to legal goods, or ethically and socially deprecated. And it is well known that the legislature, when carrying out the drafting work of the criminal type, has in mind only the relevant damages that the incriminated conduct may cause to the legal and social order. However, according to Heinz Zipf, he does not have the means to avoid that even light cases can be achieved.

The human conduct

The human conduct

The trifle principle would then arise to avoid situations such as the one described above and would act as an instrument of restrictive interpretation of the criminal type, with the systematic and political-criminal meaning of the constitutional rule of nullum crimen sine lege, which does nothing else rather than revealing the subsidiary and fragmentary nature of criminal law.

Thus, and practically unanimously, the Principle of Bagatelle would remove the typicality of the fact. The human conduct that would, in theory, relate to an incriminating criminal type, would cease to be so because of the very small damage to the protected legal good, becoming atypical.

By using the expression “practically unanimous,” I do it for no other purpose than to open space for the opposite doctrinal current, which wife understands that such a principle would not have the effect of departing from the typical conduct, but rather the culpability of agent.

There would be no criminal prosecution in the case of ‘small criminality’ offenses, such as theft where the offense was of negligible or negligible value, fraud to obtain an illicit advantage over others when the well-targeted did not at least affect the property of others, etc. Ultimately, there would be a genuine balance between the value of the legal good attained and the devaluation of human conduct that would harm or expose it to danger.

Quoting Hünerfeld, the processing of certain small offenses, that is, of transgressions of rare fault, would not comply with the principle of legality when there was no public interest in its processing. Or, in other words, it would be the legal-material regulation of the trifle principle, personal cause, according to the aforementioned doctrinaire, of exclusion from punishment.

small-crime offenses

small-crime offenses

However, the concepts of rare guilt and insignificant consequences do not solve the problem of the high incidence of so-called ‘small-crime’ offenses. It is enough to recall, he warns, that the small cases are characterized by a massive perpetration. Non-punishability, as a true retreat from criminal law, without any compensation, would not overcome the question put on the screen.

In addition to strong stances in either direction, or to remove the typicality or guilt of human conduct that offends the legal order, I would rather lead the discussion to the reasons for adopting the Principle of Bagatelle and to assert that the Gordian knot for its applicability lies in political-criminal issues.

It is not relevant to the Criminal Law to intervene in facts of inexpressive social significance, and so have decided the Courts of the Country repeatedly. It is common for absentee decisions to be made in the name of “good criminal policy” and “minimal state intervention” (ultima ratio), although the conduct attributed to the defendant is unlawful, guilty and formally typical. In so doing, judges apply the modern techniques of interpretative decriminalization provided by dogmatics, not violating the necessary juridical security of the system, whenever human action is minimally damaging or aggressive to the legal goods protected by the Repressive Statute.

I should like to point out that in high-level countries such as Italy, Switzerland and Japan, for example, insignificant property damage, minimal personal injury and even allow me to enter into a controversial area, the small amount of the narcotic substance seized, would transfer the penalization to other areas of Law (such as the Administrative or Civil, for example), unburdening the Judiciary and equally effectively promoting social justice.