Economics and Criminal Law: An Evolving Relationship

Contemporary economic criminal law reflects three fundamental dynamics that eluci date its evolution. The first concerns the privatisation of regulation and control over economic behaviour, leading to the proliferation of non-state rules of conduct applicable in criminal convictions. Secondly, a shift can be noted from a factual typical behaviour to a normative one, where the mere breach of duty forms the basis for criminal liability. It is negligence, often characterised by omissive features, which plays a pivotal role in judicial practice. The third and final dynamic is the emergence of the preventive approach, particularly clear in the interplay between criminal law and preventive (ad ministrative) measures. Within this landscape, criminal law practitioners must uphold the principle that only clear and precise laws can define crimes and prescribe penalties: without such a fundamental principle, legitimacy in criminal law is compromised.