The "Rechtsgut" of Corruption. Basic problems of corruption criminal offences from a comparative law dogmatic perspective. Reflections on the legal situation in Germany and in Italy and at the same time considerations about relationship between law and moral in the light of the criminal offences of corruption. The search for the protected Rechtsgut. Criminalisation, damage of a Rechtsgut and legal remedies. The relationship between goods and sanctions. The "restorative" law. The "special status" of the "punitive" law. The boundaries of criminal law. The alternatives. Reasonability and equality. Goods and expectations, norms and institutions. Criminal offences without damage and non-criminal alternatives. Significance of the unlawful behaviour and significance of the punishment. The significance of the unlawful behaviour of corruption. The separation between "public" and "private" roles. The significance of "private" trade with "institutional" powers. The separation between accepting advantage and corruption. Corruption in the true sense and in the broader sense. Corruption in business criminal law: criminal bankruptcy, criminal breach of trust and insider trading. Damage, outcome and punishment. The new "quasi" extortion in the office of the Italian Penal Code. Corruption between private or "economic corruption". Criminal bankruptcy and criminal breach of trust. The company as an institution. The question of the advantage or benefit in corruption offences. Criminal law as precursor of moral? Law and moral. Social and "moral" change through punishment. Limits and possibilities of criminal law.

The "Rechtsgut" of Corruption. Basic problems of corruption criminal offences from a comparative law dogmatic perspective. Reflections on the legal situation in Germany and in Italy and at the same time considerations about relationship between law and moral in the light of the criminal offences of corruption.

Ugo Pioletti
2019-01-01

Abstract

The "Rechtsgut" of Corruption. Basic problems of corruption criminal offences from a comparative law dogmatic perspective. Reflections on the legal situation in Germany and in Italy and at the same time considerations about relationship between law and moral in the light of the criminal offences of corruption. The search for the protected Rechtsgut. Criminalisation, damage of a Rechtsgut and legal remedies. The relationship between goods and sanctions. The "restorative" law. The "special status" of the "punitive" law. The boundaries of criminal law. The alternatives. Reasonability and equality. Goods and expectations, norms and institutions. Criminal offences without damage and non-criminal alternatives. Significance of the unlawful behaviour and significance of the punishment. The significance of the unlawful behaviour of corruption. The separation between "public" and "private" roles. The significance of "private" trade with "institutional" powers. The separation between accepting advantage and corruption. Corruption in the true sense and in the broader sense. Corruption in business criminal law: criminal bankruptcy, criminal breach of trust and insider trading. Damage, outcome and punishment. The new "quasi" extortion in the office of the Italian Penal Code. Corruption between private or "economic corruption". Criminal bankruptcy and criminal breach of trust. The company as an institution. The question of the advantage or benefit in corruption offences. Criminal law as precursor of moral? Law and moral. Social and "moral" change through punishment. Limits and possibilities of criminal law.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11581/432111
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