Autor: László KOHALMI
Publicat în: Journal Of Eastern European Criminal Law no. 1/2019
Revistă disponibilă: aici.
Abstract: Traditionally several levels of the conceptual approach to economic criminality obtains. The ordinary „average citizen” construes economic criminality as all crimes, offences or unethical conducts as a consequence of which the actors of everyday economic life gain unlawful pecuniary advantage according to public opinion According to the approach of the broad scope of criminal law economic criminality includes not only the conducts expressly qualified as economic crime in the penal code of the particular country, but also certain crimes against property, certain official crimes, certain corruptions and certain breaches of confidentiality. A basic difference obtains between risk and risking. The risky economic decisions of economic actors does not entail holding responsible under criminal law, if the assumed risk is permitted. Permitted risk is a kind of negative condition of culpability, which precludes criminal liability for the injury of the interest protected by criminal law via activity (assumption of risk).
Keywords: criminal liability; economic crime; permitted risk.
