U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Economic Crime and Economic Criminal Law in the Federal Republic of Germany (From Report for 1986 and Resource Series No. 31: UNAFEI, P 128-158, April 1987, Hideo Utsuro, ed. -- See NCJ-115311)

NCJ Number
115314
Author(s)
H J Schneider
Date Published
1987
Length
31 pages
Annotation
This article defines the concepts of economic criminal law in the Federal Republic of Germany and describes the reform efforts of economic criminal law.
Abstract
The essential characteristics of economic crime include (1) deviant behavior that violates economic criminal law; (2) crime that is primarily not directed against individual interest, but against individual sectors of economy; (3) crime that causes physical, psychological, social, economic, and immaterial damage; and (4) misuse of trust and power. Some forms and examples of economic crime are as follows: (1) disregard of employment protection; (2) unfair trading practices; (3) economic fraud; and (4) unjustified commercialization of medical treatment. The various forms of appearance of economic crimes are quoted as examples, including consumer credit fraud, insolvency fraud, and computer crime. The concept of economic criminal law is disputed as is that of economic crime itself, however, the normations included in Federal German laws are penal normations for the protection of national economy, business economy, fiscal economy, and public and consumers in general. Reformatory efforts in the field of economic criminal law began in the 1960s and closed with the Second Act for the Repression of Economic Crime in 1986. These efforts are documented and described. An outline of the most important provisions of economic criminal law is also given. The extent of violations of economic criminal law have not been exactly determined due to the deficiencies of official statistics. The prevention and control of economic crime are discussed. 57 references.