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OverviewEvery managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers’ excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions. Full Product DetailsAuthor: Stanislaw Tosza (University of Luxembourg)Publisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Weight: 0.650kg ISBN: 9781509914975ISBN 10: 1509914978 Pages: 344 Publication Date: 27 December 2018 Audience: College/higher education , Professional and scholarly , Tertiary & Higher Education , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. Introduction 1. Financial Crisis and Excessive Risk 2. Business Decisions and Excessive Risk-Taking 3. Excessive Risk-Taking and Criminal Liability 4. Scope and Structure 2. England and Wales 1. Introduction and History 2. Protected Legal Interests 3. Main Offences 4. Inchoate Offences 5. Cooperation in the Commission of the Offence 6. Reasons for Excluding Criminal Liability 7. Offence of Reckless Misconduct in the Management of a Financial Institution 8. Solutions to the Five Cases 9. Conclusions 3. France 1. Introduction and History 2. Protected Legal Interests 3. Main Offences 4. Inchoate Offences 5. Cooperation in the Commission of the Offence 6. Reasons for Excluding Criminal Liability 7. Solutions to the Five Cases 8. Conclusions 4. Germany 1. Introduction and History 2. Protected Legal Interests 3. Offence of Untreue 4. Inchoate Offences 5. Cooperation in the Commission of the Offence 6. Reasons for Excluding Criminal Liability 7. Special Provisions for Banking and Insurance Executives 8. Solutions to the Five Cases 9. Conclusions 5. Comparative Analysis 1. Introduction 2. Protected Legal Interests 3. Managers as Possible Perpetrators 4. Exposing to Excessive Risk as Criminal Conduct 5. Mens Rea 6. Special Provisions for Banking and Insurance Executives 7. Comparison of the Results of the Five Cases 8. Conclusions: Models of Criminalisation of Excessive Risk-Taking 6. Criminalisation of Excessive Risk-Taking by Managers? 1. Introduction 2. Justification for Use of Criminal Law and its Limits 3. Criminalisation of Excessive Risk-Taking by Managers? 4. Outcome 7. Conclusions 1. Introduction 2. How to Criminalise Excessive Risk-Taking by Managers? 3. Evaluation of the Three National Legal Systems 4. Final ConclusionReviewsAuthor InformationStanislaw Tosza is an assistant professor at the Willem Pompe Institute for Criminal Law and Criminology and a postdoctoral researcher at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University. Tab Content 6Author Website:Countries AvailableAll regions |
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