Criminal liability for insurance fraud in the Romano-German legal system

摘要

The article is devoted to the issue of fighting insurance fraud in the states of Romano-German legal system. The aim of the work is to study the experience of the states of Romano-German legal system in field of fighting insurance fraud. For the analysis of foreign criminal law, the comparative legal method was used. In addition, study was carried out using formal logical, dialectical method of cognition of social and legal phenomena, as well as methods of induction and deduction. Based on the study of legislative separate states, the author notes a number of specific features of development of this legislation. In particular, it is indicated that in relation to the issue of establishing liability for insurance fraud in the criminal law of the European states of the Romano-German legal system, there are three main approaches: liability comes within the framework of general rules on fraud (France); liability is partially established in the framework of special criminal law on liability for insurance fraud, partly such liability arises in accordance with general criminal law in the field of fraud (for example, Germany, Austria); liability for insurance fraud is provided in the framework of special criminal law on liability in the area in question (for example, Holland, Italy) and a number of others.