UZBUNJIVANJE I ZAŠTITA UZBUNJIVAČA U BANCI – PRAVNI I KRIMINALISTIČKI ASPEKTI
WHISTLEBLOWING AND PROTECTION OF WHISTLEBLOWERS IN THE BANK - LEGAL AND CRIMINALISTICS ASPECTS

Summary/Abstract: Whistleblower protection as a legal conception, even as a concept in our legal practice in Serbia, is quite new. However, whistleblowing itself is not a new concept viewed from a criminalist and general legal standpoint. To raise your voice, or rebel against injustice in the collective where someone works in order to alert others to the dangers and risks, are proper human behavior and conduct. Such proper human conduct: to report corruption, threats to safety and health of people, or to disclose information of public interest should be protected, not only in public institutions but also in private companies. Instead of being grateful to those individuals (bank employees or customers of the bank) that provide such information and to act in an organized and systematic way in accordance with the law and internal regulations of the bank, we have often witnessed that in practice we disregard such information and that these persons - whistleblowers are discredited and punished, fired, reassigned to a less favorable workplace etc. Reporting on illegal behavior in the bank, corruption and other forms of criminal endangerment and unlawful operation of individuals or groups of people should be seen as an effective method in combating crime in the future. At the same time those who disclose such information should be protected and encouraged to do so and in the future. Whistleblower protection should foster and encourage all people in a group to engage in fighting all forms of crime and various types of irregularities. Whistleblowing in the bank is just a part of the story, only the beginning but not the end, because banks are major financial institutions where it is necessary to fight against corruption and various kinds of illicit behavior of employees as well as clients. Whistleblower protection is provided by law should increase the reputation of the bank and its reputation in the market, because by that employees and customers of the bank have better confidence in the legal system and greater security for all. This is a clear message to the environment that problems should be solved and so risks should be reduced to a minimum

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