Criminal-Legal Qualification of the Plunder of Property Obtained in an Obviously Criminal Way

Abstract

The clarification of the bounds of criminal-legal protection of property from the aspect of criminal law`s maintaining function is an important prerequisite for correct qualification of plunders. The possibility of qualification of the plunder of property obtained in an obviously criminal way as a crime against property is discussed by the author in the article presented. On the basis of criminal and civil legislation provisions` analysis and study of different scientific approaches stated by legists in criminal law, author concludes that plunder of property obtained in an obviously criminal way can`t be qualified as a crime against property. In the final part of the article the author makes a legislative proposal - to criminalize the possession of property obtained in an obviously criminal way as a crime against economic activity.