Post by account_disabled on Mar 12, 2024 0:20:28 GMT -5
A current trend in Criminal Law is the study and discussion of so-called economic crimes. These crimes are committed, in theory, to the detriment of a community and the way they are investigated is very different from the criminal prosecution of so-called traditional crimes.
Thus, the present and future of Criminal Law cannot forget the discussion about the importance of the so-called Economic Criminal Law.
After the transformation of the Portugal Mobile Number List economic panorama, with the granting of freedoms to people, aggressive capitalism was born, which imposed a high pace on production, erecting a new social model, namely, the consumer society or mass society. A serious obligation was imposed on this society: to consume and serve as a stimulus for the evolutionary escalation of capitalism, giving rise to large economic empires (both companies and nations). Derived from this situation, a new economic panorama emerges, causing profound and unexpected social changes. In Criminal Law, this transformation could not go unharmed.
In the criminal sphere, it was necessary, then, to change certain paradigms, in particular the alteration of classical Criminal Law focused only on repression. Today, in the economic criminal sphere we think about preventing crimes, especially because the collectivization of economic relations emerged as a fertile scenario for the criminal actions of certain agents.
The current criminal scenario, therefore, induces the action of Economic Criminal Law.
This "branch" of Criminal Law is very different from the other branches of Criminal Law that we learn in college. Classical Criminal Law has a strong German influence, while Economic Criminal Law is strongly influenced by American law.
Thus, Economic Criminal Law emerged at the beginning of the 20th century, as a result of economic crises and wars. As an attempt by the State to combat the lack of economic/inflationary control.
Thus, the most serious means of controlling human relations, which is Criminal Law, had to dedicate its protection to the control of economic relations with more precision, limiting undesirable economic behaviors.
Currently, there has been an expansion of the scope of Economic Criminal Law, but with challenges.
The general theory of crime, for example, is already a challenge for improving Economic Criminal Law. There is a disconnect between classical theories of crime and the genesis of Economic Criminal Law.
This general theory, of German origin, is mainly intended to protect individual interests, while economic crimes have a more collectivized bias.
Elements and concepts of Economic Criminal Law are not easily echoed in the classical theory of crime. Terms (of American origin) such as willful blindness , whistleblower and compliance are very different situations from those studied and detailed by the classical theory of traditional Criminal Law.
The authors of economic crimes are collective, as a rule (another challenge to be overcome).
Economic Criminal Law, when dealing with crimes, avoids the abstraction of the punitive pattern of classical Criminal Law. It is punctual, that is, despite its rules being more open-ended, its actions target less abstract situations.
Thus, the present and future of Criminal Law cannot forget the discussion about the importance of the so-called Economic Criminal Law.
After the transformation of the Portugal Mobile Number List economic panorama, with the granting of freedoms to people, aggressive capitalism was born, which imposed a high pace on production, erecting a new social model, namely, the consumer society or mass society. A serious obligation was imposed on this society: to consume and serve as a stimulus for the evolutionary escalation of capitalism, giving rise to large economic empires (both companies and nations). Derived from this situation, a new economic panorama emerges, causing profound and unexpected social changes. In Criminal Law, this transformation could not go unharmed.
In the criminal sphere, it was necessary, then, to change certain paradigms, in particular the alteration of classical Criminal Law focused only on repression. Today, in the economic criminal sphere we think about preventing crimes, especially because the collectivization of economic relations emerged as a fertile scenario for the criminal actions of certain agents.
The current criminal scenario, therefore, induces the action of Economic Criminal Law.
This "branch" of Criminal Law is very different from the other branches of Criminal Law that we learn in college. Classical Criminal Law has a strong German influence, while Economic Criminal Law is strongly influenced by American law.
Thus, Economic Criminal Law emerged at the beginning of the 20th century, as a result of economic crises and wars. As an attempt by the State to combat the lack of economic/inflationary control.
Thus, the most serious means of controlling human relations, which is Criminal Law, had to dedicate its protection to the control of economic relations with more precision, limiting undesirable economic behaviors.
Currently, there has been an expansion of the scope of Economic Criminal Law, but with challenges.
The general theory of crime, for example, is already a challenge for improving Economic Criminal Law. There is a disconnect between classical theories of crime and the genesis of Economic Criminal Law.
This general theory, of German origin, is mainly intended to protect individual interests, while economic crimes have a more collectivized bias.
Elements and concepts of Economic Criminal Law are not easily echoed in the classical theory of crime. Terms (of American origin) such as willful blindness , whistleblower and compliance are very different situations from those studied and detailed by the classical theory of traditional Criminal Law.
The authors of economic crimes are collective, as a rule (another challenge to be overcome).
Economic Criminal Law, when dealing with crimes, avoids the abstraction of the punitive pattern of classical Criminal Law. It is punctual, that is, despite its rules being more open-ended, its actions target less abstract situations.