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Positive economic theory, applied to substantive criminal law, seeks to explain and to justify criminal law doctrine in economic terms – that is, in terms that emphasize the incentive effects created by the law.
16 lis 1984 · the substantive criminal law, such as attempt, conspiracy, entrapment, insanity, and premeditation, seem alien to the economist's way of think-ing about problems. In particular, the pervasive emphasis placed in the criminal law on punishing harmless preparatory activity, on the mental
This chapter discusses the economic approach to crime. By applying the tools of economic analysis and econometric methodology, it serves as a unified approach for understanding illegal behaviour as part of human behaviour in general.
1. Common action on judicial cooperation criminal matters shall include: (e) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking.
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.
even the formal boundaries of criminal law are set by legal norms beyond those of the substantive criminal law: norms within regulatory regimes; civil orders whose breach can invoke what are, in effect, criminal penalties; procedural rules; bail and sentencing provisions; and so on.
29 cze 2022 · Under the Lisbon Treaty, EU substantive criminal law expanded rapidly, with directives on inter alia terrorism, money laundering, human trafficking, fraud with digital forms of payment, and computer crime.
