What is ‘economic criminal law’?

The objective of this paper is to reconstruct the meaning of term ‘economic criminal law’, which is imprecise but widespread in Polish legal culture. It also aims to compose an adequate definition of the concept denoted by this name. The author applied an array of methods: analysis of scholarly stat...

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Main Author: Michał Jerzy Dębowski
Format: Article
Language:English
Published: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego 2022-01-01
Series:Acta Iuris Stetinensis
Subjects:
Online Access:https://wnus.edu.pl/ais/pl/issue/1247/article/19837/
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author Michał Jerzy Dębowski
author_facet Michał Jerzy Dębowski
author_sort Michał Jerzy Dębowski
collection DOAJ
description The objective of this paper is to reconstruct the meaning of term ‘economic criminal law’, which is imprecise but widespread in Polish legal culture. It also aims to compose an adequate definition of the concept denoted by this name. The author applied an array of methods: analysis of scholarly statements, historical and comparative analysis as well as the analysis of the law in force. The term ‘economic criminal law’ is a product of linguistic convention manifesting itself in legal discourse. In search of its meaning the author relied mainly on scrutiny of the wording of the discussed name. The content of this notion is composed of so-called economic offences. It was essential to determine common characteristics of such crimes. Having rejected so-called subjective conceptions and ideas referring to criminology and sociology, the author posited the object of a type of crime as the definition’s rudiment. A proper description of the common generic object of economic crimes assumes a compromise between vagueness and rigidity of lengthy enumerations. ‘Economic criminal law’ can be described as a peculiar division of substantive criminal law distinguished by legal theory and practice. It is composed of regulations that establish types of crime, which share a common main generic object of protection which (in a historical and cultural context) are relevant bases of proper trading both in internal, and in external aspects. These two dimensions represent relations between trading participants and institutions and rules of trading, respectively.
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spelling doaj.art-19b183366e9e4a61807b8e4c534ab4892022-12-22T03:37:43ZengWydawnictwo Naukowe Uniwersytetu SzczecińskiegoActa Iuris Stetinensis2083-43732022-01-013710.18276/ais.2022.37-02What is ‘economic criminal law’?Michał Jerzy Dębowski0University of Warsaw, PolandThe objective of this paper is to reconstruct the meaning of term ‘economic criminal law’, which is imprecise but widespread in Polish legal culture. It also aims to compose an adequate definition of the concept denoted by this name. The author applied an array of methods: analysis of scholarly statements, historical and comparative analysis as well as the analysis of the law in force. The term ‘economic criminal law’ is a product of linguistic convention manifesting itself in legal discourse. In search of its meaning the author relied mainly on scrutiny of the wording of the discussed name. The content of this notion is composed of so-called economic offences. It was essential to determine common characteristics of such crimes. Having rejected so-called subjective conceptions and ideas referring to criminology and sociology, the author posited the object of a type of crime as the definition’s rudiment. A proper description of the common generic object of economic crimes assumes a compromise between vagueness and rigidity of lengthy enumerations. ‘Economic criminal law’ can be described as a peculiar division of substantive criminal law distinguished by legal theory and practice. It is composed of regulations that establish types of crime, which share a common main generic object of protection which (in a historical and cultural context) are relevant bases of proper trading both in internal, and in external aspects. These two dimensions represent relations between trading participants and institutions and rules of trading, respectively.https://wnus.edu.pl/ais/pl/issue/1247/article/19837/economic criminal lawwhite collar crimeobject of crimetradingPolish criminal law
spellingShingle Michał Jerzy Dębowski
What is ‘economic criminal law’?
Acta Iuris Stetinensis
economic criminal law
white collar crime
object of crime
trading
Polish criminal law
title What is ‘economic criminal law’?
title_full What is ‘economic criminal law’?
title_fullStr What is ‘economic criminal law’?
title_full_unstemmed What is ‘economic criminal law’?
title_short What is ‘economic criminal law’?
title_sort what is economic criminal law
topic economic criminal law
white collar crime
object of crime
trading
Polish criminal law
url https://wnus.edu.pl/ais/pl/issue/1247/article/19837/
work_keys_str_mv AT michałjerzydebowski whatiseconomiccriminallaw