Economic Crime From the Jurisprudential Aspect (From Economic Crime, P 118-129, 1985, Dan Magnusson, ed. - See NCJ-98626)

• NCJ Number: 98631
• Author(s): I A Wiener
• Date Published: 1985
• Length: 12 pages
• Sale Source: National Institute of Justice/; Liber Distribution Foerlagsorder; NCJRS Photocopy Services
• Language: English
• Country: Sweden
• Note: Available on microfiche as NCJ-98626.

Annotation

Differences between criminological and jurisprudential study of economic crime are examined.

Abstract

Criminological studies examine the morphology, etiology, and prophylaxis of crime. In the criminological concept of economic crime, the violation of an economic interest includes both the interests of the individual participants and the State economy. Emphasis also is placed on the circumstances of the perpetration and the perpetrator's position and motive. In the jurisprudential study of economic crime, precedence is given to the criminal law and its role in combating economic crime and how special legislative provisions might differ from the traditional provisions of substantive and procedural law. From a jurisprudential perspective, economic crime is not a homogeneous entity; offenses violating property interests and dealt with by the traditional criminal code must be distinguished from those violating State control and supervision of production and consumption and the State's fiscal interests. In these latter cases, due consideration must be given to the close connections between economic policy and criminal policy, and criminal law and economic administrative law. In the case of economic crime involving State interests, criminal law sanctions combined with administrative sanctions to serve economic policies and legal provisions are closely related to the supervisory system of the economy administration of the State. As a consequence of these connections and interrelationships, new forms of liability (e.g., liability of heads of organizations and/or legal entities) and new types of sanctions appear.