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Ivo Cocavila - One of the best experts on this subject based on the ideXlab platform.
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el consentimiento en el derecho penal Economico un analisis a proposito de los delitos de administracion desleal art 252 cp y corrupcion en los negocios art 286 bis cp the defence of consent in Economic Criminal law an inquiry into the crime of breach of fiduciary duty art 252cp and corruption in the private sector art 286 bis cp
Social Science Research Network, 2017Co-Authors: Ivo CocavilaAbstract:Spanish Abstract: El presente trabajo pretende contribuir al estudio y desarrollo dogmatico de la institucion del consentimiento en el Derecho penal Economico. Tras analizar criticamente los argumentos al uso en la doctrina especializada para justificar su inaccion en lo que se refiere a la teorizacion de esta figura, se ofrece respuesta a continuacion a las dos cuestiones fundamentales que suscita el consentimiento en el Derecho penal Economico. Lo pretendido es, en primer lugar, definir quien y bajo que condiciones puede consentir validamente el menoscabo de un interes patrimonial de titularidad compartida, en especial, en el marco de una estructura societaria. Para ello se toma como referencia el nuevo delito de administracion desleal del art. 252 CP. En segundo lugar, se aborda el problema de como valorar el consentimiento del particular al menoscabo de un interes individual protegido conjuntamente con uno de naturaleza colectiva (delitos pluriofensivos de naturaleza mixta). Para ello se toma como referencia el delito de corrupcion en los negocios del art. 286 bis CP. English Abstract: This article aims to contribute to the study and dogmatic development of the defence of consent in the Economic Criminal Law. After analyzing critically the standard arguments in the doctrine to justify its inaction regarding the theorization of this defence, this paper puts forward answers to the two fundamental questions about the consent in the Economic Criminal Law. Firstly, who and under what conditions it may validly consent the harm of a shared ownership interest, especially in the framework of a corporate structure. To this end I take as reference the crime of breach of fiduciary duty (art.252CP). Secondly, this article deals with the problem of how to evaluate the individual's consent to the damage of an individual legal interest that is protected together with a collective legal interest. For this purpose, I take as reference the crime of corruption in the private sector (art.286bis CP).
Kai Ambos - One of the best experts on this subject based on the ideXlab platform.
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international Economic Criminal law
Social Science Research Network, 2018Co-Authors: Kai AmbosAbstract:This inquiry explores the question of transnational companies’ Criminal liability for international crimes, reviewing the current state of research in the field of international Economic Criminal law, a discipline that hitherto has received only scant analysis. Following some preliminary conceptual remarks (I.), the forms of corporate participation in such crimes (II.) and the supranational and national practice since Nuremberg are presented. This practice reveals a clear trend towards corporate liability, albeit represented by leading company staff. For this reason, and because legal persons (companies) ultimately act through natural persons (their staff), their liability (IV.) cannot be convincingly established on a purely collective basis – in the sense of a pure organisation model (IV. 4.1.) – but only on the basis of the attribution model, namely as a derivative corporate liability based upon supervisory or organisational culpability (IV.4.2.). The attribution model’s individual approach – or, to use procedural terms, the individualistic “trigger” for the prosecution of companies – finally brings us to the well-known forms of Criminal participation (V.), with liability for complicity in particular coming into question. All in all, the essay concludes (VI.), we should not expect too much of (international) Criminal corporate liability. Here, as in many other areas, Criminal law can only have a (limited) preventive effect as part of a holistic approach.
Suncana Roksandic Vidlicka - One of the best experts on this subject based on the ideXlab platform.
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filling the void the case for international Economic Criminal law
Social Science Research Network, 2017Co-Authors: Suncana Roksandic VidlickaAbstract:The jurisdiction of the International Criminal Court (hereinafter: ICC) is limited to the most serious crimes of concern to the entire international community that threaten security, peace, and well-being of the world. This article argues that serious (transitional) Economic offences should belong in this group. Ignoring these crimes, which often represent Economic violence characteristic of transitional and post-conflict countries, can lead to another cycle of armed conflict and/or physical violence as well as to internal and external insecurity. Responses to globalization are having a significant effect on international law and institutions with a view to protecting Economic and social human rights, human security, and human dignity. Sometimes, as in the case of Croatia, national states are not able to and/or unwilling to prosecute serious and systemic Economic crimes, which in turn undermines individual and collective security. The same could be said for international Criminal law. By ignoring these crimes and violations – unlike what international human rights law, supranational criminology, and transitional justice does – the core international Criminal law no longer responds to the needs of societies and individuals. The Rechtsgut in need of protection by prosecuting serious Economic crimes that fulfill the threshold of core crimes on an international level is comprised of the “security, peace and well-being of the world.” Therefore, one could argue that the International Criminal Court’s possible involvement in Economic violence does have a legal base, without needing to amend the ICC’s Statute (hereinafter: ICCSt). Since one must be aware of the diversity that exists as to the criteria for international Criminalization, this article is based on broader grounds in order to argue in favor of international Criminalization of these Economic crimes. The article therefore emphasizes the importance of connecting narratives of international Criminal law, with discourses on international human rights law (based on Art. 21 of the ICCSt), human security, (supranational) criminology, transitional justice, and (Economic) Criminal law. In the line of (human) security discourse, this approach seeks to find arguments as to whether or not it is necessary to begin prosecuting serious (transitional) Economic offences as crimes under international law. First, this article gives a brief overview of the failed experiment in Croatia concerning the prosecution of transitional Economic crimes that served as incentive, based on the ICC’s complementarity principle.
Viktor Isaev - One of the best experts on this subject based on the ideXlab platform.
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Economic Criminal law in germany
Social Science Research Network, 2021Co-Authors: Viktor Shestak, Viktor IsaevAbstract:This article discusses various scientific approaches to the concept of «Economic Criminal law», as well as criticism of these approaches. The possibility of legislative consolidation of the concept of «Economic Criminal law» in the norms of the Criminal law of the Federal Republic of Germany is evaluated.
Viktor Shestak - One of the best experts on this subject based on the ideXlab platform.
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Economic Criminal law in germany
Social Science Research Network, 2021Co-Authors: Viktor Shestak, Viktor IsaevAbstract:This article discusses various scientific approaches to the concept of «Economic Criminal law», as well as criticism of these approaches. The possibility of legislative consolidation of the concept of «Economic Criminal law» in the norms of the Criminal law of the Federal Republic of Germany is evaluated.
