n Transactions of the Centre for Business Law - Why enforce commercial laws?
|Article Title||Why enforce commercial laws?|
|© Publisher:||University of the Free State|
|Journal||Transactions of the Centre for Business Law|
|Publication Date||Jan 2001|
|Pages||30 - 50|
The thought that a criminal justice system exists which theoretically could investigate, apprehend, try and punish the 'lying broker' or the fraudulent promoter, director, trustee or auditor, is cold comfort to the destitute investor whose money has disappeared into the hole in the ground.
Even colder is the comfort when the investor realises that the criminal justice system which appears so wonderful on paper is basically ineffective in regard to commercial crime, that the police and prosecutors are underpaid, understaffed, undertrained and disinterested, that speedy justice is a myth, that the chances of a successful prosecution, even some time in the remote future, is virtually non-existent and that the possibility of recovery of investments via the criminal justice system could be describes as 'nil'.
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