| Issue |
E3S Web Conf.
Volume 164, 2020
Topical Problems of Green Architecture, Civil and Environmental Engineering 2019 (TPACEE 2019)
|
|
|---|---|---|
| Article Number | 11032 | |
| Number of page(s) | 9 | |
| Section | Environmental Policy | |
| DOI | https://doi.org/10.1051/e3sconf/202016411032 | |
| Published online | 05 May 2020 | |
Criminal liability for insurance fraud in the Romano-German legal system
RUDN University, Miklouho-Maclay str., 6, Moscow, 119670 , Russia
* Corresponding author: criminal-law@mail.ru
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.
© The Authors, published by EDP Sciences 2020
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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