PROSECUTION AND PUNISHMENT OF THE “DARK CRIME” OFFENCES: THE WHITE-COLLAR CRIMINALS SHOULD KNOW THAT THE COLLAR OF THE PERPETRATOR OF THE OFFENCE IS NOT “WHITE”

Jacob RUB State University of Moldova

Rezumat

This paper's subject stems from the desire and need to deal with the wide - spread and grave phenomenon of Dark of Crime offences by law offenders, from a constitutional-legal standpoint. Economic Crime in Moldova, as everywhere in former Soviet republics, has risen dramatically since the fall of the Soviet Union. There are about 300 criminal groups and 35 criminal families which control the economic, political and social performance of the country. The monthly traffic of heroin alone is estimated at up to 150-200 kg, and the estimated number of drug addicts has risen from 3,000 to 60,000. Just in 1998, their number grew by 5 times in comparison to 1997. The annual volume of the drugs business in Moldova is estimated at $200-250 m, this figure exceeds annual direct foreign investment in Moldova by 3.5-4 times. Moldova has been transformed into a corrupt and kleptocratic state, with a mafiotic psychology and culture and an amoral nepotism. How else, if not through corruption and lobbyism. The problem of the non-payment of debts can be easily solved with criminal structures playing the role of informal courts, for 50% of the sum. Drug trafficking In addition, on the territory of Moldova there are four channels of drug trafficking. The legislation of Moldova does not even define the term “racket”, that no special measures are envisaged as regards crimes, and that there is no special system and measures adopted as regards the taxation of gambling for example. Certain legal provisions have become more constraining in Moldova. It is estimated that only 2-3% of the white-collar crimes are reported to the Israeli Police, because the handling of these offences is finalized inside the organizations and because crimes are sophisticated and hard to discover. Capital in Israel approaches the rate of 15% of the Gross Domestic Product. About the black capital – 40% of the Israeli public are involved in tax evasions, about 50 billion $ are in circulation in the black market. The damages of fraud criminality in Israel are at a rate of about 1 billion $ whereas the financial damage from scam offences is 24.1% of the total damage of about 3.5 billion $ and since 2001 the total damage of about 13.5 billion $. Israel and Moldova have made the first steps in order the need to cope with money laundering phenomenon. Thus, measures are required for both countries for the fighting with money laundering: Punishment by fine for perpetration in the Law is in order, to increase origin offences, report bar, entities obligated to report, concentrating entity of data pool expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc. Keywords: Dark of Crime offences, constitutional-legal standpoint white-collar criminal groups and criminal families, measures as regards crimes, certain legal constraining, black capital, tax evasions damages of fraud criminality, cope with money laundering phenomenon, Punishment by fine, origin offences, report bar, entities obligated to report, concentrating entity of data pool expanding of the duties of Money Laundering, Prohibition Authority, regulator.