infracțiuni economice | Penalmente Relevant

Extended Confiscation. Repression and Beyond

Confiscarea extinsă, Măsuri de siguranță, Drept penal. Partea generală

Autor: Flaviu CIOPEC

Publicat în: Journal Of Eastern European Criminal Law no. 2/2016

Revistă disponibilă: aici.

Abstract: In this study I would like to address a legal instrument used in the fight against economic crime. The stake for committing economic offences is the financial gain. An efficient penal policy against economic crime must aim at tracing, seizing and confiscating property derived from criminal activities. At the European level there is a constant concern for the elaboration and functioning of an efficient instrument, able to ensure the suppression of illegal gain. Legally speaking, there are several possibilities to achieve that goal: civil, administrative or criminal [vezi tot]

Vizualizări 181

Impact of Corruption on the Process of Eurointegration of Serbia

Drept penal. Partea specială, Infracțiuni de corupție

Autor: Željko BJELAJAC, Nenad BINGULAC

Publicat în: Journal Of Eastern European Criminal Law no. 1/2016

Revistă disponibilă: aici.

Abstract: Corruption, as an economic and political problem, represents negative social phenomena and is more or less present in all countries of the world. The Republic of Serbia on her path towards membership in the European Union has an obligation to establish effective measures in the fight against corruption through strengthening of the institutional and legal framework. The primary objective of this paper is to review and discuss the most characteristic forms of corruption in the Republic of Serbia by recognizing the circumstances that [vezi tot]

Vizualizări 163

Tightening of Penalty in the Penal law of the Republic of Serbia

Infracțiuni din legi speciale

Autor: Ivan MILIĆ, Stefan RADOJČIĆ

Publicat în: Journal Of Eastern European Criminal Law no. 1/2016

Revistă disponibilă: aici.

Abstract: The subject of the authors’ attention is the issue of tightening a penalty in Penal Law of the
Republic of Serbia. To tighten the penalty means to impose it higher than its maximum length for a particular punishable act. The authors observe current criminal legislation by analysing regulations and laws concerning the tightening of penalty. The subjects of analysis are Criminal Code, Law on the Criminal
Responsibility of Legal Entities for Criminal Offences, Law on Misdemeanours, and Economic Offences Act.

Keywords: penalty; criminal offence; [vezi tot]

Vizualizări 147

Combating Money and Property Laundering in Lithuania: Fundamental Issues of Economic Crime Prevention

Infracțiuni din legi speciale, Spălarea banilor

Autor: Raimundas JURKA

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: Money and property laundering mechanisms and prevention issues are analyzed in this paper. Author is taking into account general situation on prevention of money and property laundering in Lithuania, institutional ant measures’ framework for this prevention. First of all, paper is focusing on general understanding what should be understood as money laundering per se as procedure and illegal action. This question is raised in common meaning, including worldwide understanding of money laundering phenomenon. Secondly, it is emphasizing what are the measures that must be taken to [vezi tot]

Vizualizări 144

Modifications of the Provisions of the Hungarian Criminal Code Related to Money Laundering and Compliance with International Requirements of Combating Money Laundering

Drept penal comparat, Infracțiuni din legi speciale, Spălarea banilor

Autor: László SCHUBAUER

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: From the mid 1990-ies – during the preparation progress of joining the European Union –, alongside with the establishment of market economy and recovery of the country’s international relations Hungary was forced to implement the system of criminal instruments of combating money laundering. In this study I shall introduce developments and progress of the Hungarian jurisdiction related to money laundering from the first incorporation of the offense until present days. I shall hereby compare the provisions of the related international treaties and recommendations of European [vezi tot]

Vizualizări 147

Strategic Planning and Directing the Fight against Economic Crime

Infracțiuni din legi speciale

Autor: Osman JAŠAREVIĆ

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: The article „Strategic planning and directing the fight against economic crime”, deals with the question, how to observe on the right time some of the phenomenal forms of economic crime. Saterland marks it as „white collar crime” (White Collar Criminality), the one that makes the wealthy class and that is punishable in terms of criminal law. Despite the fact that the definition of Saterland is still ongoing, Bunić points out that economic crime has changed over time, evolved, and individual acts of economic crime can [vezi tot]

Vizualizări 155

Criminal Offense of Embezzlement in the Criminal Code of the Republic of Serbia. Specifics of Detection and Proving

Delapidarea, Infracțiuni de serviciu, Drept penal comparat, Drept penal. Partea specială

Autor: Darian RAKITOVAN, Aleksandra DABIĆ

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: “Economic crime” is a very broad term that includes a whole range of offenses and as such is one of the most complex and most perfidious crime phenomena. Among the offenses covered by this term is the criminal act of embezzlement. In the disclosure, and proving in particular of criminal offenses from the group of socalled “economic crime”, due to their complexity and diversity of the forms of manifestation, the authorities face serious difficulties which significantly complicates their suppression. The subject of this [vezi tot]

Vizualizări 179

Follow-the-Money! Criminal Confiscation in Economic Crime

Confiscarea specială, Măsuri de siguranță, Drept penal. Partea generală, Infracțiuni din legi speciale, Spălarea banilor

Autor: Flaviu CIOPEC

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: Economic crime is profit driven in the sense that it aims at generating a wealth that did not exist before. The best method to neutralize such consistent, continuous and apparently available gain seems to be confiscation. The new sanction which affects the patrimony rather than the person is in accordance with the new penal philosophy: penalties shift from the author (in personam) towards the act or its effects (in rem). The new penal policy intends to approach such penalties more firmly and efficiently. In order to [vezi tot]

Vizualizări 217

Computer Related Economic Crimes in Hungary

Drept penal comparat, Infracțiuni din legi speciale

Autor: Zoltán NAGY, Dávid TÓTH

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: The revolution of information technology (e.g. Computer technology) have changed the conditions and possibilities concerning economic crime. For example nowadays criminals with high tech printers can easily produce counterfeit money with good quality.
The aim of this article is to analyse the Hungarian regulation of some computer related economic crimes. In this article the following crimes will be analysed which are closely related to each other:

counterfeiting currency
counterfeiting of cash substitute payment instruments and the aiding in
counterfeiting cash substitute payment instruments
cash [vezi tot]

Vizualizări 146

ICT, Data Retention, and Criminal Investigationsof Economic Crimes

Dreptul Uniunii Europene, Infracțiuni din legi speciale

Autor: Silvia SIGNORATO

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: The Information and Communication Technology nowadays plays a core role in the execution of crimes of economic criminality. This seems to be due to two factors, that can be defined as the structural factor and the instrumental factor. Moreover, every time we use the new technologies we leave behind us some sorts of “traces”, i.e. the traffic and location data on both legal entities and natural persons and to the related data necessary to identify the subscriber or registered user. Such data can be extremely [vezi tot]

Vizualizări 167

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