GENERAL ISSUES OF THE REVERSIBLE RELATIONSHIP BETWEEN CRIMINAL AND INSURANCE LAW

This paper is based a priori on the assumption that, within the complexity of the legal system as such and the desired level of its coherence, there exists a relationship of interconnection between criminal law, as public law, and insurance law, as private law, which is characterized by reversibility. Although fundamentally distinct legal disciplines, in the contemporary era, and in accordance with their primary functions and orientations, criminal law and insurance law share a number of points of intersection and a relationship based on mutual infl uence. The paper discusses the nature of this relationship in the context of maintaining a functional and sustainable insurance market, which is a signifi cant component of a modern and effi cient fi nancial sector. The central research premise is that criminal law should be viewed as the ultima ratio societatis in protecting the rights and interests of policyholders, insurers, and reinsurers, i.e. in the broadest sense, the entire insurance industry. This predominantly theoretical discussion, grounded mainly in the legal-dog- matic method, represents a pioneering contribution of its kind within the domestic legal theory. It is based on the idea that diff erent legal aspects of insurance must be interconnected in order to to ensure the projected level of security, that is, protection of the insurance market. The authors emphasize the interdependence between the formation of criminal law norms and the conditions of contemporary economic crime, as well as how crime, vice versa, shapes insurance services. In conclusion, the authors highlight the importance of further and continuous research in this area, in order to develop adequate de lege ferenda solutions within the national criminal legislation.

Keywords: criminal law, insurance law, reversibility, crime and insurance