engleski

Criminal Law Aspects of Abuse of Trust in Business Transactions

The subject of this paper is the criminal offense of Abuse of Trust in Business Transactions, which is one of the key criminal offenses related to companies. It is conceived in accordance with Art. 266 of the German and Art. 155 of the Austrian CC, whereby Republic of Croatia has brought its national criminal legislation in line with international documents of the EU. It is one of the most complicated criminal offenses in the field of economic crime, because it includes criminal offenses of negligent economic activity, misuse of powers in economic operations and the conclusion of a harmful contract. The courts are obliged to determine whether there is legal continuity between the abovementioned and new criminal offenses and to apply the law that was in force at the time of the commission of the offense or a new one, if it is more lenient to the perpetrator. The paper investigates the case law regarding the criminal offense of misuse of trust in business transactions and an analysis of the reported, accused and convicted persons for the mentioned criminal offense. In accordance with the conducted research of judicial practice and the analyzed legal provisions, given are the possible de lege ferenda proposals.

criminal law aspects, abuse of trust in business transactions, economic crime

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