Abstract
The authors deal with the revision of the Criminal Code of the Republic of Serbia of 2016, with particular emphasis on the reform of criminal offenses against the economy. The causality between economic development and economic crime has been established, with the conclusion that the current criminal legislation recognizes the need for comprehensive protection of the economy and the economic system by prescribing for a large number of specific criminal offenses. The authors analyzed the phenomenon of economic and financial crime, the chronology of amendments to the Criminal Code and their nature in the period from 2006 to 2019. It has been concluded that the legislature was going in two directions when it came to the amendments. One direction represented the tightening of criminal law repression through the expansion of the criminal law and the other was developing the criminal law norm to bring it closer to the reality within the established standards. The 2016 reform of criminal offenses against the economy was defined by criminalization and decriminalization processes. Specialization of incriminations was carried out by the newly introduced criminal offenses, with the aim to fight the various forms of economic and financial crime more effectively. The case of the decriminalized criminal offense of abuse of authority in the economy, which continued to “live on” in the case law after being deleted from the Criminal Code, was also addressed. It has been concluded that the amendments made in 2016 established a new direction of criminal law protection of the economy and that its justification is reflected in the more appropriate protection of the economic system. The bad practice where every other criminal offense against the economy was qualified as the abuse of position by responsible person will be prevented by prescribing a number of different economic incriminations.KeywordsCriminal code of the Republic of SerbiaAmendmentsCriminal offenses against the economyDecriminalizationReform
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