Criminal Liability for Commercial Fraud: A System Approach

The paper describes the possible application of a system approach to the study of criminal law on liability for commercial fraud. The author analyzes the concept of the system of criminal law provisions on commercial fraud, identifies the features of this system, and provides a classification of its elements. The author proposes to consider a combined criterion integrating the subject of a crime (a business entity) and the connection of a criminal act with business or other economic activity as a framework criterion. The system approach allows to both identify the features and properties of criminal law on liability for commercial fraud and detect inaccuracies and gaps in the legal regulation of criminal liability. The author notes that the criteria used to classify fraud as related to business or other economic activities as introduced in Article 5 of the Criminal Procedure Code of the Russian Federation, remain judgmental, i.e. they presuppose their arbitrary (including excessively narrow) interpretation, and proposes to develop a single provision on liability for commercial fraud with a blanket disposition containing references to specific criminal law provisions that are elements of the system of criminal law on liability for commercial fraud.