Abuse of trust in the economy: (Un)successful attempt of modernizing criminal law

Anali Pravnog Fakulteta u Beogradu

Lepetić Jelena¹  Lukić Natalija¹ 

[1] Pravni fakultet Univerziteta u Beogradu, Serbia;

关键词: abuse of trust;    representative;    trustee;    companies;    consent of a victim;    risky business activities;   

DOI  :  10.5937/AlaniPFB1802106L

来源: DOAJ

【 摘 要 】

In this paper the authors analyse abuse of trust in the economy, a criminal offence recently introduced into Serbian criminal law legislature. Taking into account the relevant provisions of laws in regards to companies, the authors refer to the scope of application of this crime and thoroughly explain categories of persons that may be considered representatives and trustees as perpetrators. The authors conclude that this criminal offence is imprecisely defined, considering the fact that the criminal law legislator does not prescribe the action of crime. Therefore, they suggest that this element of criminal offence should include abuse of representative powers and breach of duties to companies. Finally, the authors devote attention to the consent of the injured in relation to this criminal offence and to high-risk activities which, under certain conditions, may also exclude the existence of this criminal offence.

【 授权许可】

Unknown