RESOURCE MATERIAL SERIES No.66

GROUP 3

ECONOMIC CRIME IN A GLOBALIZING SOCIETY~ITS IMPACT ON THE SOUND DEVELOPMENT OF THE STATE
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Mr. Sutthi Sookying
Mr. Samson Mangoma
Ms. Ayesha Jinasena
Mr. Keiji Uchimura
Mr. Hasan Dursun
Mr. Luis Celestino Garcia Figueroa
Mr. Yutaka Oya(Thailand)(Zimbabwe)(Sri Lanka)(Japan)(Turkey)(Venezuela)(Japan)Advisers

Dep. Director Tomoko Akane
Prof. Toru Miura
Prof. Hiroyuki Shinkai(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION AND THE CURRENT SITUATION OF ECONOMIC CRIME
A. Introduction
Economic crime has become a threat to all the States in the global village. The potential damage broughtby economic crime has intensified over the past few years. Economic related crime affects the socioeconomic development of some countries because of the financial damage, which leads to a rise in
unemployment and also to other social evils. This report is based on the information obtained from theinformative lectures delivered by the experts in the field and also from the fruitful discussions the members
had at their group meetings. Furthermore, the country reports submitted by the members of group 3 also
have played a significant role in this exercise. Various topics in relation to the aforementioned subject werediscussed, and the group focused on the problems and countermeasures in regard to the investigation andprevention of economic crime. The group also considered various avenues of strengthening the legal
framework and countermeasures in combating such crimes.
B. The Current Situation of Economic Crime in Participating Countries
Since Japan has occupied the seat of the second greatest economic power, the problem of economic crimeis serious in proportion to the scale. As for traditional forms of crime, such as, fraud, election offences,
bribery and bid rigging; they have not been on the decline in the past several decades. In addition, thebusiness depression affected such crimes. Especially after the burst of the ‘bubble economy’, many
executive officers were indicted for offences like breach of trust and obstruction of an auction by concealing
assets. Criminal organisations, especially Boryokudan and foreign originated organisations, have gained
through various economic crimes. The securities exchange market also has suffered from “market
manipulation”, “insider trading” and so forth.
The Sri Lankan economy, which was based on agricultural products, changed rapidly producing industrial
products with the introduction of a liberalised economy in 1977. As a result, 76% of her national income wasbased on industrial products in the year 2002. However, a close scrutiny of the economy identifies a rapid
and a significant increase in the commission of economic crime, in the guise of bribery and corruption,
dangerous drugs, organised crimes, human smuggling, insider dealing, indigenous spoliation inter-alia which
finally leads to money laundering. Hence, in combating these offences the Legislature is now contemplating
the introduction of new legislation on anti-money laundering, terrorist financing, computer crimes andfurther amendments to the Intellectual Property Act No. 52 of 1979, in addition to the prevailing laws andstatutes.
In Thailand typical economic crimes such as corruption, tax evasion, and government procurement fraud
are prevalent. However, the recent trends in the economy have created serious problems in the arena of thestock market and financial institutions. The economic crisis in 1979 and in 1997 partly erupted from thefraudulent activities and malpractices in financial institutions and the stock market, which were later
referred to as the “Raja Finance Case (1979)” and the “Bangkok Bank of Commerce (BBC) case (1997)”.
The country is also faced with drug trafficking and money laundering. At present, Thailand has successfully

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enacted new laws and established new agencies to cope up with the prevailing threats of economic crime.
For example, the National Counter Corruption Commission (NCCC) and the Anti Money Laundering Office(AMLO) were established in 1997 and 1999 respectively, while the Department of Special Investigation(DSI) was established in 2002, and came into operation in January 2004. Although, some favourable signs ofachievement are observed in combating offences like corruption, drug trafficking and money laundering, thesuccess of implementation and enforcement of the new laws in relation to other economic crimes, is yet tobe ascertained.
Economic crime is continuously a pervasive problem in Turkey, hindering attempts at economic,
administrative and legal reforms and entry into the European Union. Economic crime in the country is so
widespread that it functions almost as a rule, and not as an exception. The entrenched economic crime andbribery of public officials at all levels has undermined fair competition in the economy and contributed
significantly to the economic and financial crisis in 1994 and 2001 in Turkey. The widespread corruption took
the nation to an unprecedented economic and financial crisis in its history in February 2001 and the crisis is
not yet over. Turkey is taking some legal measures against economic crime; however, preventing economic
crime is as complex as the phenomenon of economic crime itself, and a combination of interrelated
mechanisms - including economic, social, cultural measures - is needed for success.
The present living conditions in Venezuela are highly unsatisfactory mainly due to the prevailing politicaland economic situation. The political rivalry between the two groups, namely the government and the
opposition, aggravates the above situation. On the other hand corruption cases are on the increase. The
mass media report of the embezzlement of government funds by the corrupt politicians everyday. Although
the security agencies are making an endeavour to combat narcotic offences, the country is still severely
affected by the menace of drug trafficking.
In Zimbabwe, there has been a marked increase in economic crime due to the current economic
environment. The economy is not doing well due to the sanctions and the persistent droughts experienced
by the country. The sanctions imposed by the Western countries have resulted in the closure of some of thecompanies in the country, thereby creating unemployment, which contributes to the commission of
economic crime. The most notable forms of economic crimes have manifested themselves in corruption,
externalisation of foreign currency, smuggling, a thriving parallel market and embezzlement of funds both in
the private and public sectors. Financial institutions have also suffered huge losses as a result of thefraudulent activities. The country has experienced high inflation and high unemployment rates, which haveforced people to commit economic crime. Despite all these problems, the government has been successful in
implementing effective countermeasures to curb such crime.

II. PROBLEMS AND COUNTERMEASURES OF ECONOMIC CRIME
A. The Problems in the Investigation Stage
Upon a careful consideration of the above mentioned Country Reports and the discussions that took place
amongst the group members it was evident that the lack of expertise and lack of co-operation among law
enforcement agencies inter-alia have impeded the successful investigations in economic crime.
Further, unlike in Japan, the clear demarcation and the distinction of the functions of the prosecutors andthe investigators separating them from each other in countries like Sri Lanka, Thailand and Zimbabwe, wasalso identified as another significant factor, which obstructed the smooth functioning of the investigations.
In order to remedy the situation, initiating countermeasures in regard to the investigation of economic
crime, preventive measures, and the modes of strengthening the legal framework will be considered.

B. How to Overcome the Problems in the Investigation Stage
1. Establishing an Effective Investigative Body
The members jointly identified the departments of police, customs and tax as the already available
apparatus in all participating countries. However, the powers of investigation vested with the departments ofcustoms and taxation appear to be limited in comparison with the powers of the police department. The
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to be similar in nature. Non-constant liaison between the police and the other independent bodies has always
resulted in the overlapping of functions. This scenario leads to the wastage of manpower and the limited
resources of the countries.
On the other hand, as for law enforcement agencies, the lack of expertise within their apparatus in thefields of financial transactions, computer technology, telecommunication, forensic sciences and intellectual
property, has hampered their successful investigations in relation to economic crime.
Another major fact that has contributed to the ineffectiveness of the prevailing investigative apparatus ispolitical intervention. Some of the policy makers who are expected to ensure the smooth functioning of law
and order intervene and hinder the efficient and independent investigations conducted by the police.
Further, the unavailability of a sufficient workforce to meet the demand of rising crimes has widened thegap between the perpetrators and the available law enforcement authorities, which are expected to cover awide range of crimes. Therefore, establishment of a special body to investigate exclusively into economic
crime is an issue that warrants serious consideration.
The group agreed that the body in question may be formed in the following way:
• The body should be created under a special statute by Parliament according to the requirements andthe suitability of each country;• Persons with integrity who are knowledgeable and experienced either in the administration,prosecution or investigation of economic crime should be appointed to the body;• Any other requirements which are compatible with the purpose of establishing this body also may betaken into consideration in making such appointments;• Necessary carder provisions be made to accommodate the services of the experts in the legal(jurists/lawyers), financial (auditors, accountants) and technical (computer forensics, technicians)
fields to facilitate the success of some of the objectives of the special body, especially in relation toinvestigations;• The body itself and its members ought to be free from any political interference. The relevant
provisions to maintain its independence can be provided for in the statute by which it would becreated; and• A scheme should be included to secure the assistance of the public and the mass media.
The independent body, shall among other things, be empowered to:• Conduct investigations and inquiries on its own initiative or on receipt of reports of economic crimefrom the public and any other authorities;• Solicit the assistance of law enforcement agencies or other law enforcement agencies when the needarises;• Secure the prosecution of persons for economic crime as and when it is committed; and• Follow up the payment of damages by the defendant when awarded by the court.
In certain countries, powerful law enforcement agencies have already been established, e.g. the NCCC,
the AMLO and the DSI in Thailand. On the other hand, in Zimbabwe, an independent body to combat
corruption is going to be established once the Anti-Corruption Bill, which is currently before the Parliament
has been enacted. Similarly, the draft Bill on anti-money laundering that will be presented to the Sri Lankan
Parliament shortly, also has made provision for setting up of an autonomous body to curb the offences in thearea of money laundering. However, it is noteworthy that the success of the establishment of an independent
investigative body largely and mainly depends on the commitment and the will power of the political leaders.
2. Bringing in Experts
Due to globalisation, the modus operandi of economic crimes has advanced and increased. The availabilityof credit card facilities and easy access to the cyber world has trans-nationalised the crime in issue. Thus,
corporate related economic crimes committed on a mass scale have a severe impact on the state economy.
The borderlessness of the jurisdiction of the offence has made this crime modernised, complicated anddiversified. It is observed that the absence of expertise in specific fields has disrupted the importantinvestigations conducted by the apparatus on numerous occasions. In specialised investigations, the police
have to hire or employ people with expertise especially in the areas of accounting, auditing, computing, etc.
to assist them in collecting evidence.

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For an example, in Zimbabwe, where a company is investigated for the evasion of tax, the police seek theassistance of the National Economic Conduct Inspectorate, a body specialised amongst other things togather evidence in tax evasion cases. The Public Prosecutors in Japan investigate tax evasion and security
exchange law violation cases in cooperation with the National Taxation Unit (Kokuzei-Cho) and the
Securities and Exchange Surveillance Commission. In Thailand, the DSI can appoint or invite any related
experts from other agencies to join the team of an investigation and work in an interdisciplinary manner.
Therefore, it is observed that for the investigations under consideration, the services of the experts areimperative.
Nonetheless, it has been the experience of many member countries that officers who are especiallytrained in certain fields leave their employment abruptly for better emoluments and better fringe benefits
offered by the private sector. Hence, it is important and advisable for the governments of these countries to:(1) offer these officers a better working environment;(2) facilitate the usage of modern technology such as computers with an internet connection;(3) grant the opportunity for special training in the desired field;(4) grant timely promotions; and(5) introduce a better salary structure and incentive scheme
if the trained officers are to be retained in their services.
3. Providing Special Training for Law Enforcement Personnel
The group has critically analysed the responsibility of investigation vested with the law enforcement
personnel in fighting economic crimes and, as referred to above, has discovered that there is a lack of
specialised training in relation to the crime in issue.
Nevertheless, in this exercise it has transpired that in certain Japanese law enforcement agencies, someofficers are trained according to the necessity and others are temporarily seconded to the more specialised
agencies and vice versa.
To the contrary, in some countries, law enforcement agencies are easily stripped of their trained officers
due to the unsatisfactory work conditions as mentioned above. In order to resolve this problem, a special law
was introduced in Thailand to secure the status of these seconded officers.
On the other hand, a close scrutiny of the circumstances, reveals that the investigators in the parallelinvestigations conducted by other expert bodies, are reluctant to impart with their knowledge. This resultsin the law enforcement personnel confining themselves to the traditional investigative methods whereas theoffenders resort to more sophisticated methodology in the commission of their crimes. Therefore, it isrecommended that the law enforcement personnel be regularly trained in the special fields in keeping withthe demand and the development of modern technology.
4. Improving the Methods of Collecting Information
Information is the key to investigation. The group noticed that various methods of gathering information
are applied in the participating countries in order to initiate an investigation. Formal and verbal complaints,
rumours, surveillance and tip-offs are frequently made use of for this purpose. Sometimes even theinformation obtained from other criminal cases and the information given by the mass media are also used toinitiate the investigation. However, in launching a search for previous criminal records, management of
information technology in relation to the offences under discussion, is a prerequisite. In the circumstances,establishing a database of criminal cases is also imperative.
It is evident that the existence of internal informants of the targeted agencies or organisations is crucial.
The Suggestion Box Scheme in Zimbabwe, where any crime related information is accepted anonymously ina box placed at public places is a good example of information gathering. The ‘Hot line’ schemes andSuspicious Transaction Reporting systems are widely applied in almost every country. Information obtainedby the specialised agencies such as stock exchanges, financial institutions and related governmental offices
is also indispensable to the commencement of a formal investigation.
5. Protection of Whistle-Blowers
According to the Oxford Advanced Learner’s Dictionary, the term ‘whistle-blowers’ stands for ‘a person

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who informs people in authority or the public that the company they work for is doing something wrong orillegal’. From this definition, a whistle-blower appears to be a very important person in combating economic
crime.
Therefore the threat that can be levelled by him against the organization in which he is employed, issevere. In practise, no organisation is willing to accommodate and appreciate any inside information relating
either to administrative or to any other matter being passed on to a third party not belonging to theorganisational structure. Thus, the revelation of the conduct of the whistle-blower generally jeopardises the
future of his career and brings insecurity as well. Even the members of his family are not spared from thedevastating circumstances.
It is therefore imperative that special legal provisions are enacted for the safeguarding of the whistleblowers from such victimisation.
The discussion revealed that Japan has taken a favourable attitude in this regard. Accordingly, the Diet
(Japanese Parliament) will shortly consider a Bill, which provides for the protection and security of thewhistle-blowers in their occupation at the respective organisations. It is strongly recommended that the
governments of other countries have recourse to similar provisions in their legislation if they are genuinely
interested in curbing economic crime.

III. PREVENTION OF ECONOMIC CRIME: CREATING PUBLIC AWARENESS
Numerous surveys conducted in the world and particularly in the participating countries have revealed
that victimisation of the public is largely due to “ignorance”. On the other hand, their earnest desire for
wealth, urge for better comforts in life are also contributory factors to this predicament. It is imperative
therefore to create a public awareness to prevent the commission of economic crime, if not to eradicate it.
It is the observation of the members of the group that a long term solution like “public awareness”
cannot be created within a short spell of time. In generating public awareness, the members propose that a
campaign be launched based on different classifications, aiming at different target groups. Hence, this paper
will concentrate on information gathering, dissemination of information, co-operation with law enforcement
agencies, establishing of a third eye as a preventive mechanism and educational campaigns.

A. Information Gathering
At the group discussion it was revealed that a fair number of people in almost all the participating
countries fail to report crime either to law enforcement agencies (police/related law enforcement, district
attorney, state attorney general) or to consumer protection agencies or at least to other entities (personallawyers, a company or an individual having the ability to assist).
They take an indifferent attitude to the commission of economic crime due to sheer ignorance of theexistence of the offence and remedies available. The majority of these people engage in certain high-risk
behaviours that could make them susceptible to victimization. Gathering information from the public, using
different methodology to make an assessment of the capacity of their “awareness” of “economic crime”
before creating or enhancing their knowledge therefore, would be a prerequisite. In order to achieve thispurpose a questionnaire could be distributed among people ranging from stakeholders to households forwhich there would be feedback.
This exercise serves many purposes. One of such is the revelation of the attitude and the experience ofthe public to the authorities who intend to design a public awareness campaign. Another is the prompt
awareness created among the public of the different forms and varieties of economic crimes such as lottery
scams, online shopping frauds, counterfeit of currency and goods, charity frauds, etc. cautioning them to be
vigilant when confronted with similar situations.
Further, data collected from stakeholders such as bankers, industrialists, manufacturers, agriculturists
and investors who are directly related to the economy of the country will depict the statistics of the cases of
economic crimes filed by and against them. Such data is a cross section of the prevailing situation of theeconomy in one’s country.

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Furthermore, in assembling information, details of the assets and liabilities of the politicians and public
officials can be collected, which data can be analysed by the authorities under appropriate circumstances atlater times.

B. Dissemination of Information
The mere usage of technical terms such as “economic/financial/white collar crimes” will not lead the
public to understand the nature and the different forms of the crime in issue. Therefore, the public should be
educated on the various forms in which economic crime can be committed along with the probableingredients of the offences and the necessity to possess evidence to initiate legal proceedings if they are
victimised. They also could be educated on the details of the existing websites which are exclusively
designed to assist the victims of economic crimes and the ability to file a consumer referral and theavailability of civil injunctive action forcing the discontinuance of deceptive trade practices whereappropriate. Furthermore, their minds also should be addressed to the ability to institute criminal
proceedings in a criminal court to punish the offender and the possibility of claiming damages from theperpetrator through a civil suit.
The dissemination of information should be effective for the recipient. It is observed that community
leaders or the chiefs of certain provinces in some participating countries, such as Zimbabwe are very
powerful. So much so that the people in the area have cultivated the habit of turning to these leaders foradvice and assistance. Hence making these leaders familiar with offences such as drug trafficking, consumer
fraud, corruption, money laundering, bribery, financial frauds, insider dealing, counterfeiting of monies andgoods and other offences that come under the umbrella term of “economic crime”, together with thepreventive measures, in return could be easily communicated to the tribes/villagers.

C. Co-operation with Law Enforcement Agencies
The discussions revealed that the attitude of the people in a country contributes immensely either to therevelation or to the concealment of the commission of a crime. People in certain societies hold backinformation on crimes due to their “social values” and “ideologies”. Revelation of such facts is considered tobe scandalous to one’s self esteem and, or, to the reputation of the country leading to a social stigma. Suchinhibition invariably debars a person from such a background from exposing the facts not only of “economic”
but also of “any” crime, for that matter. Hence, effective modes should be implemented to reform thepattern of thinking of the people.
After clearing the inhibitions of the public they also should be informed of the ability and theeffectiveness of whistle-blowing. Programmes should be launched to educate the public of the prevailing or
the intended legislation meant to safeguard the whistle-blowers from being penalised. Further the persons
who give useful information can be rewarded in an appropriate manner (monetary or otherwise) encouraging
others who are hesitant to come forward.

D. Establishing a Third Eye as a Preventive Mechanism
Offences such as, bribery, corruption and indigenous spoliation prevalent in participating countries, arefound to be committed mostly and mainly by government officials. It is therefore suggested that an
independent body be identified to monitor the public affairs handled by the government officials. A nongovernmental organisation such as Transparency International (TI) is an example of a useful tool in thepreventive mechanism which is widely operating in some countries. This is said to be effectively operativein relation to the offence of corruption. The said organization has adopted a system of bringing out acorruption perception index. The mechanism of this preventive body is advantageous due to the databasethat is maintained by the organization. Further, they are found to encourage the practice of honesty, byundermining, shaming and naming the dishonest officers.
Similarly, being a common office in many of the participating countries the “office of ombudsman” isidentified as another useful device in implementing the “preventive mechanism” in this awarenessprogramme. As an office closer to the public life in grievance, it can disseminate information using effective
mechanisms that will have a tendency to attract public attention resulting in the public furnishing prompt
information of the corrupt officials.
Publicity given in naming and shaming such identified officers and relevant institutions will caution the
public in handling such officials and institutions resulting in complaints being lodged by the public against
such officers forthwith, without fear or favour.

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E. Educational Campaigns
Collection of data from the public, stakeholders and officials will show the disparity in the generalknowledge of existing economic crimes. Hence it is imperative that the authorities use different
methodology in creating and enhancing the awareness of the public of the prevailing crisis in issue. Network
communities should be established in order to disseminate information and to cater to the needs of different
target groups in society.
The usage of a variety of modules will arouse the curiosity of the above target groups. As a medium
common to all these target groups, interviews, short films and tele-dramas based on the subject matter canbe telecasted and broadcasted. Further, in educating the public about the new trends of economic crimes,
literature can either be distributed by way of hand bills or also could be published in the newspapers thathave a wider circulation in one’s country. The articles, advertisements and posters can be exhibited at public
places giving the details of the hot lines and the officers to be contacted in an emergency. Further, panels
consisting of erudite persons learned in the field could be made available at different fora availing theiradvice to the public. Organization of public addresses, art exhibitions, essay competitions and oratory
contests also will generate interest among the different targeted groups in identifying the offences, modes of
prevention and available legislation.
It is believed that a programme of the above nature is likely to create awareness in the public preventing
economic crime.

IV. STRENGTHENING THE LEGAL FRAMEWORK IN THE RECOVERY OF DAMAGE
The group observed the recovery of the loss of assets as the main concern of the victims of economic
crime. It was revealed that sometimes victims who are subjected to economic crime are reluctant to lodge
complaints with the law enforcement authorities if they perceive that the possibility of recovery of property
is remote. In the circumstances, “recovery of damages” becomes a pertinent issue.
Hence, upon the Group’s deliberations the members have identified the area of “strengthening the legal
framework and countermeasures of economic crime in the recovery of damage” as a suitable topic toconcentrate on. Therefore, this part of the paper will deal with the aspects of recovery of damages and legal
framework and counter measures in relation to economic crime with identifiable victims.

A. Outline of Recovery Systems
Generally, the recovery systems of participating countries are two fold relating to the court of recovery ofdamages. On one hand, the criminal court in a country like Zimbabwe has the power to order compensation
for the victims. Similarly, in Thailand, the results of criminal cases are very helpful for the victims in the civil
cases because the civil courts are bound by the facts and findings of the criminal courts.
On the other hand, procedures of recovery in a civil court and implementation of penal provisions in acriminal court are independent of each other in countries like Japan, Sri Lanka, Turkey and Venezuela.

B. Analysis of the Existing Systems
1. Common Issue
Firstly, a feature common to all the participating countries in the recovery of damages is the protractionof the proceedings. Incomplete documentation, non-availability of witnesses, lethargy and inaction of theinvestigators in concluding the investigations, incompetency and the lackadaisical attitude of the law
enforcement authorities, are some of the reasons that contribute to the delay in question.
Secondly, even if damages are awarded at the conclusion of a lengthy legal procedure, a long period after
the date of the commission of the offence, it is unlikely that substantive relief would be achieved by thevictim at the end of the exercise, as he/she would have suffered relentlessly by that time.
Thirdly, the heavy costs of legal fees in civil suits has a severe impact on the meagre finances of thevictims of economic crime in the participating countries. For example, victims of consumer fraud cases arecomparatively financially unsound to that of the defendants, most of those being juristic persons. This
disparity of financial condition is thus identified as a vital factor, which prevents the victims from initiating
civil cases.

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Fourthly, the damages ordered, fine imposed and/or the surcharge levied on the offenders, cannot berecovered by the court or the law enforcement authority, due to the non-availability of assets.
2. Zimbabwe and Thailand’s Systems
The victims of economic crime in Zimbabwe and Thailand are privileged to exercise their legislative rightin filing a civil suit in a civil court claiming damages in the areas of loss of profit, time, opportunity and any
related expenditure incurred by the claimant therein. Thus, at the end of the day economic crime victims in
Zimbabwe and Thailand appear to be financially better off than the victims of other regions.
The Criminal Procedure Code B.E. 2477 (1934) of Thailand makes provision for the public prosecutor toapply on behalf of the victim for the restitution or the value of the property when filing the criminal case to
the court, in particular cases such as ‘cheating and fraud’, criminal misappropriation and receiving stolen
property, where the victim has the right to claim the restitution or the value of the property. Judgment on
the claim for restitution or the value of the property are given as part of the judgment in the criminal case.
Most importantly in giving judgment in the civil case, the court is bound by the facts as found by the
judgment in the criminal case.
However, there are weak points owing to the fact that civil and criminal procedures are not separated.
Criminal courts in Zimbabwe and Thailand cannot make compensation orders for victims who are not related
to the offences tried in the court.
3. The System of Independent Civil Procedure
In Japan, Sri Lanka and Venezuela, only the civil court has jurisdiction over cases to recover damages. In
awarding damages, the civil courts of these countries are not inclined to accept and adopt the proceedings
and the findings of a criminal court. Hence the victim is compelled to incur heavy expenditure in going
through a full trial once again.

C. Countermeasures by Strengthening Legal Frameworks
Considering the differences in the legal backgrounds and situations of victimization of participating
countries, the members of the group unanimously propose the following for the improvement of the systems
in each member country.
1. Settlement Outside Court
In all cases, procedures of court take a long time regardless of it being civil or criminal. Therefore,
settlement between the perpetrators and victims made outside court is more beneficial for both parties. For
example, in the new Japanese system of reconciliation, parties can settle their disputes outside the criminal
court and get the result of the settlement recorded by the court clerks. If the accused fails to agree on asettlement, the victim is free to proceed with a civil suit.
2. Evidence and Findings of a Criminal Court to be Adopted in a Civil Court
In a criminal court the prosecution should prove its case “beyond any reasonable doubt” whereas in a
civil case the burden is only “on a balance of probability”. In view of this fact it would be fair and reasonable
for a civil court awarding damages to adopt the evidence led and the documents marked in the corresponding
criminal trial. This course of action will minimize the duration of the trial period as well as the cost borne by
the litigants - which has already been proved in the legal systems of Japan and Thailand.
3. Seizure of Property
The “recovery of proceeds of a crime” is a fundamental issue to be addressed in the process ofinvestigating economic crime. It is the considered view of the members that the law enforcement agencies
should be encouraged to concentrate on the seizure of the moveable and immovable property acquired
through the predicate offences by the suspect at home and abroad.
4. Legal Aid
The legal aid system is introduced in many jurisdictions. However, it is not always available for claimants
who are victimized by economic crime. In order to mobilize many victims, the expansion of coverage of thelegal aid systems is worth considering. For example, consumer protection agencies should be established to217

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support victims by providing not only advice but also financial support in retaining legal assistance.
Furthermore, the consumer protection agencies can act as the claimant on behalf of the victims or be
entrusted with the power to claim the property or damages for the victims.

V. CONCLUSION
However stringent the laws of a country are, if they are confined only to the paper on which it is printed,
the economy and the public cannot be protected from the evil of economic crime. In order to achieve thepurpose of implementation of countermeasures to prevent economic crime, it is mandatory to create andarouse the public awareness. In addition, strengthening the legal framework to recover damages may
encourage the active participation of the public in curtailing the negative consequences of economic crime.
When the public are aware of their vulnerability to victimisation they will willingly involve themselves in thecrime prevention mechanism and will give effect to the countermeasures in a more meaningful manner.
Furthermore, this awareness of the public also perhaps would result in applying pressure to the governmentor to the policy makers to introduce effective countermeasures to combat economic crime.

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