Page 48 - Cyber Defense eMagazine - October 2017
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The role of legal regulations in effective proceeding of a financial

               crime


               By Milica D. Djekic

               The financial crime is any sort of economic resources misusing in order to obtain the
               private  gain.  It  may  include  a  corruption  and  bribery,  fraud,  tax  envision,  money
               laundering  and  much  more  –  or,  in  other  words,  any  kind  of  crime  dealing  with  the
               finances.  It’s  not  easy  at  all  to  investigate  those  sorts  of  the  criminalities,  because  it
               could take a lot of time and effort before you prove anyone’s guiltiness in front of the
               law. As we all got dependable on cyber technologies – the similar situation is with the
               criminal  environment  that  would  frequently  rely  on  computers,  internet  and  mobile
               devices. In many cases, before anyone commits the financial crime, he or she would
               use  the  emerging  technologies  to  gather  the  necessary  findings,  plan  the  actions  or
               share some information with the rest of the criminal group. So, it’s getting obvious that a
               plenty of the job would get done in a cyberspace and the skillful investigators would find
               some sort of the clues and evidence there.

               The old-fashioned methods such are the usages of marked banknotes in order to prove
               the  crime  may  appear  as  outdated.  The  reason  for  that  is  the  majority  of  the  good
               evidence and findings could get obtained through the cyberspace and using the insight
               into bank’s transactions occurring in the cyberspace as well. So, the question here is if
               we could get the evidence in the cyberspace simply doing a surveillance of the situation
               – why we could not apply that sort of findings in our process of proving the crime. The
               answer  to  this  question  is  quite  simple  and  it  would  manly  indicate  that  our  legal
               regulations  would  not  recognize  those  sorts  of  clues  as  the  valid  evidence  being
               sufficient to prove someone’s guiltiness on the court. Well, this answer would open up
               many new questions and right here, we could start the entire discussion trying to point
               out  that  the  current  technological  progress  could  undoubtedly  make  a  huge  change
               within the legal surrounding. The purpose of this article would be to provide a deeper
               insight  into  how  significant  the
               changes  within  the  legal  regulation
               could     be    in    more     effective
               proceeding  of  the  financial  crime
               cases.

               The main point with this effort would
               be that the legal environment as well
               as  the  entire  society  should  follow
               the  technological  changes  and
               progress  being  present  with  our
               current times. The technology would
               definitely  make  our  lives  and
               businesses  being  more  convenient,
               productive and effective. On the other hand, the entire criminal surrounding would also
               cope with the cyber technologies, so if you want to discover any sort of the crime – you

                    48   Cyber Defense eMagazine – October 2017 Edition
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