Fenomenul criminalității gulerelor albe în sectorul privat (analiza practicii judiciare) [Articol]

Abstract

In this study, we investigated the phenomenon of white-collar crime in the private sector through the analysis of Case law.There have been deduced that the umbrella term ‘white-collar crime’ can be multifaceted and includes various criminal behaviors, in any form of malpractice committed for financial profit, manifested through abusive or fraudulent practices in the business sphere or abuse of power. We generalized five common elements of white-collar crime in the private sector: the special occupational status of the criminal; the causal relationship between this occupational status and the white-collar crime committed; the criminal behavior expressed in abusive or fraudulent practices; the purpose of obtaining personal profit; the wide circle of potential or actual victims. We found that, in the private sector, women commit white-collar crimes more often and the degree of harmfulness of the criminal acts committed is much more advanced. In some cases, the woman is the organizer of a crime in the financial-banking field, in other cases the woman is the co-author of the criminal act, being a family member of the author. Women-co-authors are approached as decision-makers in the economic-financial and accounting activity of the enterprise.