Legal Protection Against Financial Market Abuse: International and Local Perspectives

This book examines current challenges in the field of criminal protection against market abuse at the international and local levels. Divided into two parts, the first opens with an examination of general issues, including the philosophical foundations of market abuse prohibitions and the challenges arising from technological developments in this area. Closing the first part of the book, the authors outline new perspectives on the protection of market integrity in the context of sustainable finance and the crime of market manipulation. Part II examines market protection against abuse in 14 countries. As well as providing a comparative perspective, this section draws out broader implications, such as: the search for an alternative law enforcement strategy; the importance of compliance programs in preventing market manipulation; the right to remain silent in proceedings before the supervisory authority; problems arising from the interplay of criminal sanctions and administrative sanctions of a criminal nature; and the importance of how information is obtained for the application of the insider trading prohibition in some jurisdictions. Written by academics and practitioners, the book will be a valuable resource for academics, researchers and policy-makers working in the areas of financial and economic crime and comparative law.

Anna Błachnio-Parzych is Associate Professor in the Criminal Law Department at Kozminski University, Poland. She is also a specialist in jurisprudence in the Supreme Court of Poland. Her main interests are economic crimes, comparative criminal law, EU criminal law, human rights and philosophy of criminal law.

Luigi Cornacchia is Full Professor of Criminal Law at the Bergamo University, Italy, Alexander von Humboldt Fellow, co-director of the series “Ultima Ratio” and member of the scientific committee of many criminal law reviews. His main interests are general theory of criminal law, criminology, business criminal law and environmental criminal law.