Criminal and Civil Liability of the Wrongdoer in Economic Offences
under Jordanian Legislation
Mohammad Hussien Al-Ahmad1 & Mohammad Musallam Alzawahreh2
Abstract
Most countries tend to confront economic crimes through their own economic laws. The study focused on showing the specificity of the mental element of economic crimes, which has extraordinary rules that are outside the general rules of offences established in the Penal Code. Most economic legislation treats wrongdoing offences as intentional. Here, the weakness of the mental element of economic crimes appears, being presumed. So that the legislator merely finds a mistake to inflict punishment. Derogating from the general rules, where punishment is imposed for acts of wrongdoing in economic crimes. The study also examines civil liability for damages and financial compensation. The mere fact that the offender has achieved the criminal result is punishable regardless of whether the offender’s will exists or not. Because of the nature of the error in economic offences, the unintended economic offence is not subject to the provisions of the general provisions of the Penal Code. Economic offences are characterized by the imposition of severe and deterrent penalties. To achieve public and private deterrence and maintain security and the national economy.
Keywords: Criminal liability, mental element, criminal intent, financial compensation, presumed error, economic crime.