WHITE COLLAR CRIME - PERSPECTIVE OF INDUSTRY - SWEDEN

• NCJ Number: 49487
• Author(s): T HAGDAHL
• Date Published: 1975
• Length: 10 pages
• Corporate Author: Scandinavian Research Council for Criminology
• Publication Format: Article
• Country: Sweden
• Note: PAPER PRESENTED AT THE SEMINAR OF THE SCANDINAVIAN JOINT COUNCIL FOR CRIMINOLOGY, FJELLHVIL, NORGE, MAY 22-25, 1975

Annotation

NORMS REGULATING SWEDISH INDUSTRY AND COMMERCE ARE DESCRIBED ALONG WITH SANCTIONS FOR THEIR VIOLATION. THE INADEQUACY OF EXISTING GOVERNMENT REGULATIONS ON INDUSTRY IS EMPHASIZED.

Abstract

THE SUBJECT OF WHITE-COLLAR CRIME IS IMPRECISE IN CRIMINOLOGY, BUT THIS TYPE OF CRIME IMPLIES THAT SOME KIND OF NORM HAS BEEN VIOLATED FOR WHICH THERE IS A PENALTY. TYPES OF NORMS THAT CONTROL AN INDUSTRY USUALLY INCLUDE BOTH WRITTEN AND UNDERSTOOD REGULATIONS. THE WRITTEN REGULATIONS CAN ORIGINATE FROM THE GOVERNMENT OR FROM WITHIN THE INDUSTRY ITSELF. MOST WRITTEN INDUSTRIAL REGULATIONS STEM FROM THE OLD INTERNATIONAL COMMERCE REGULATIONS. REGULATIONS DEVELOPED BY THE SWEDISH INDUSTRIAL EXCHANGE COMMITTEE OR JOINTLY-OWNED COMPANIES ARE THE BASIS OF MOST OF THE PROPOSED GOVERNMENT REGULATIONS DIRECTED AT INDUSTRY CONTROL. DISCLOSURE OF INFORMATION ABOUT THE SELLING AND BUYING OF COMPANIES IS A SENSITIVE AREA, AND THE INDUSTRIAL EXCHANGE COMMITTEE HAS ESTABLISHED REGULATIONS REQUIRING PUBLIC SALE OF SHARES. THERE ARE SEMI-PRIVATE REGULATIONS ON INDUSTRY SUCH AS THE NEW LAW ON BOOKKEEPING WHICH INCLUDES SOME CONTROLS ON AUDITS. THERE ARE ALSO PUBLIC NORMS. VIOLATIONS OF THESE NORMS DO NOT RESULT IN SPECIFIC PENALTIES BUT RESULT IN STRICTER CONTROLLING LEGISLATION. THERE ARE COMMERCIAL REGULATIONS ON ADVERTISING, AND VIOLATION OF THESE REGULATIONS RESULTS IN PENALTIES. VIOLATIONS CAN BE REFERRED TO A CONSUMER OMBUDSMAN WHO CAN, IN TURN, REFER THE CASE TO COURT. THE OMBUDSMAN CANNOT TAKE DIRECT ACTION IN A CONSUMER FRAUD CASE AND IS, THEREFORE, NOT PARTICULARLY EFFECTIVE. PENALTIES FOR VIOLATION OF INDUSTRY LEGISLATION ARE DIRECTED AT THE COMPANIES RATHER THAN AT INDIVIDUALS, ALTHOUGH SOME LARGE COMPANIES OUTLINE AREAS OF RESPONSIBILITIES. IT IS MAINTAINED THAT THE PRESENT SWEDISH LAW GOVERNING INDUSTRY IS INADEQUATE, VAGUE, AND DIFFICULT TO INTERPRET IN A COURT SITUATION. IT IS SUGGESTED THAT LEGAL EXPERTS BE UTILIZED WHEN THE PROPOSED INDUSTRY LEGISLATION IS FORMULATED. (DAG)