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Criminal justice and taxation by Peter Alldridge PDF

By Peter Alldridge

ISBN-10: 0191073962

ISBN-13: 9780191073960

ISBN-10: 0191073970

ISBN-13: 9780191073977

ISBN-10: 019875583X

ISBN-13: 9780198755838

The fallout from the monetary problem of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated demands way more lively and punitive responses to tax evasion and larger overseas co-operation opposed to mechanisms for giving anonymity to the possession of estate. One mechanism to make sure compliance is using the legal justice process. The declaration in 2013 via the then Director of Read more...

summary: The fallout from the monetary drawback of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated demands way more lively and punitive responses to tax evasion and larger overseas co-operation opposed to mechanisms for giving anonymity to the possession of estate. One mechanism to make sure compliance is using the felony justice procedure. The declaration in 2013 through the then Director of Public Prosecutions, Keir Starmer, of a coverage of accelerating charges of prosecution for tax evasion raised squarely the problem of even if elevated involvement of legal legislation and legal justice in tax evasion will be justifiable or now not. the connection among tax evasion and the proceeds of crime is taking up expanding value: treating the 'proceeds of felony tax evasion' as falling in the 'proceeds of crime' regime necessarily expands the scope of either. during this ebook, Peter Alldridge considers the improvement of the offences and the connection among tax evasion offences and different felony offences; the appropriate principles of proof; prosecution buildings, decision-making approaches, and possible choices to prosecution. 0Specific themes contain offshore evasion and the connection of tax evasion with different crimes and points of the legal justice approach. A topical and full of life dialogue of a heated debate

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Read e-book online Criminal justice and taxation PDF

The fallout from the monetary trouble of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated demands way more energetic and punitive responses to tax evasion and larger overseas co-operation opposed to mechanisms for giving anonymity to the possession of estate. One mechanism to make sure compliance is using the legal justice procedure.

Extra resources for Criminal justice and taxation

Example text

The use of the expression ‘Pacte republicain’ is most telling because of its significance in French constitutional discourse. It connotes equal treatment for all, within the terms especially of Article 2 of the French Constitution. 86 See this chapter, section entitled ‘Customs’. 87 The relevant legislation is set out in Brown, Logan, and Aurash Jamali, ‘Tax Violations’ (2014) 51 American Criminal Law Review 1751. 88 CEMA ss 167 and 168, which is rarely, if ever, charged. See Chapter 4, section entitled ‘The “Tax Perjury” Offence’.

The book will assess the extent to which tax prosecutions are, and should be, like, and how unlike, other prosecutions. It will address a range of types of question and issue, as follows. Analytical questions: Substantively, what sort of a crime is tax evasion? How is its gravity to be assessed relative to other offences? What should the standard be for criminal liability? How should it be punished and what other dispositions should be contemplated? Procedural and evidential questions: Setting the limits of the right of the state to information against the right of the taxpayer to financial privacy and to communicate confidentially with his/​her legal adviser, and providing for one jurisdiction to acquire information from another as to the affairs of a taxpayer.

Is there an optimal level of tax evasion prosecutions? And if there is, is it to be assessed by reference only to comparisons between tax evasion cases and other financial crimes, or is it legitimate also to take into 4 4 Introduction account the alternative to prosecution (which, in the case of tax evasion, can be expensive)? What role, if any, does the public appetite for prosecution play in this area? Questions of organizational culture: Whether tax prosecutors are to be housed in an office of tax collectors or of general prosecutors is of crucial importance.

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Criminal justice and taxation by Peter Alldridge


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