Pravo (Dec 2023)
CHARACTERISTIC PHENOMENA OF ECONOMIC CRIME IN LEGAL THEORY – FRAUD IN THE FIELD OF INDUSTRY AND PRODUCTION
Abstract
Economic crime is a constant and rather dynamic negative social phenomena which skillfully adapts to the social-economic and political situation in society. Fraud in the field of industry and production is a characteristic and a conspicuous form of economic crime in the legal doctrine. The motive behind committing fraud is typically personal gain, with perpetrators utilizing their positions in business or official authority within a state or public institution to obtain an illegal advantage in the form of money or goods. This paper, focusing on the subject, begins with defining the term and describing the characteristics and main classifications of economic crime. This part is followed by an in-depth analysis of a characteristic form of economic crime in legal theory, specifically fraud in the field of industry and production. Despite adequate legislation at both the European and national levels, current control systems in the field of industry and production may be perceived as insufficient to prevent fraud in a timely manner. Besides, the modalities of committing fraud in this sphere have continuously evolved and adapted to current business circumstances and the legal framework, which is why the perpetrators very often succeed in evading detection and sanctioning of the committed fraud. Considering the transnational nature of fraud in the field of industry and production, it has become evident that security procedures need to extend beyond national frameworks and include international measures.
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