Przestępstwo oszustwa gospodarczego z art. 297 k.k. zagrożeniem bezpieczeństwa obrotu gospodarczego

Abstract

The presented article is devoted to the issue of the crime of economic fraud under art. 297 of the Penal Code in the context of a threat to the security of business transactions by behaviors consisting in submission of a counterfeit, altered, untruthful or unreliable document or unreliable written statement in order to obtain the benefit indicated in this provision from (among others bank or body or institution that has public funds at its disposal). The security of economic turnover is an important factor from the point of view of economic stability and is a determinant of the state’s economic policy. In order to properly analyze and discuss the features of an offense under Art. 297 of the Penal Code it is necessary to define in advance such terms as: “bank”, “public funds”, “credit”, “cash loan”, “surety”, “guarantee”, “letter of credit”, “subsidy”, “subvention”, “payment instrument”, “public order”. The article presents the structure of the crime of economic fraud, as well as analyzes statistical data and evaluates the functioning of the provision on a practical basis.