Restaurant economics / Special criminal law teachings

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Page modified: Friday, June 23, 2006 20:40:19

The criminal law describes facts-moderately determined behavior and places it expressly under punishment. It specifies only punishable, non also - punishable behavior. For certain life and behavior ranges penalty clauses under a heading are together seized. Punishable behavior in connection with "the economy" is seized by the restaurant economics.

This term is not legally defined. Among the restaurant economics criminal offences rank so-called Nebenstrafrecht, which by responsible person of business enterprises ("companies" - not too vewechseln with the company) after the penal code and that - or to the disadvantage by enterprises to be committed. Criminally - with heavy acts - the economic crimes courts of the regional courts are responsible. In "§ 74c Judiciary Act (GVG) is called the circle of the punishing standards, which rank among the scope of responsibility of the economic crimes court.

After "§ 74c exp. 1 Judiciary Act is for a criminal offence

1. after the Patent Act, the utility model law, the semiconductor law for the protection, the sort law for the protection, the mark law, the design patent law, the copyright law, the Gesetz_gegen_den_unlauteren competition, the law on limited companies, the law over the accounting of certain enterprises and companies, the the commercial code, the law to the execution of the EEC decree over the European economic interest combination, the Genossenschaftsgesetz and the transformation law,
2. after the laws over the bank, depot, stock exchange and credit systems as well as after the law of supervision of insurance and the securities trading law,
3. after the restaurant penal law 1954, which external trade law, which is applicable Devisenbewirtschaftungsgesetzen as well as the financial monopoly, tax and Zollrecht, also so far its penalty clauses after other laws; this applies, if the same action represents a criminal offence after the and not to steering wheel meeting acts, which concern the motor vehicle tax,
4. after the wine law and the food right,
5. the subsidy fraud, the investment fraud, the credit fraud, the bankruptcy, the fraudulent preference of creditors and the debtor promotion,
the competition-limiting arrangements with advertisements as well as corruptibility and bribery in the trade,
6a) of the fraud, the computer fraud, the unfaithfulness, usury, the advantage grant, the bribery and withholding and defrauding pay, b) after the employee hiring law and the third book social legislation, as far as for the evaluation of the case special knowledge of the economic life is necessary,

as far as after "§ 74 exp. 1 as court of the first instance and after "§ 74 exp. 3 for the negotiation and decision is responsible over the redress of the appointment against the judgements of the jury the regional court, a criminal court as an economic crimes court responsibly. "

Apart from on "§ the 74c GVG ajar definition of the restaurant criminal law this right area can be defined also over the type of author (so-called "white collars" - criminality - white collar crime). A further definition beginning asks for (/protected hurt) the right property. The injury of an over-individual right property is stressed, which takes restaurant economics off clearly from injustice of any fortune damage.

The subject of the restaurant criminal law is thereby the white-collar crime - as "pathology of economic behavior" (walter chirp in/Otto Terstegen, white-collar crime - manifestations and their fight, 1963). This range of the criminality constitutes - in drop numbers - only a small part of the statistically seized criminality. The damage caused by Wirtschaftsdelikte is however, how spectacular individual cases (e.g. FlowTex, show, immense. Know-design-end for the white-collar crime is, like kriminologische investigations show, a large Dunkelfeld.