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The economic basis of liability in criminal law enforcement: liability based on the damage caused Vs. liability based on the proceeds of the offense

Author

Listed:
  • Kalyagin Gregory

    (Department of Economics, Lomonosov Moscow State University)

  • Gorbuntsova Alena

    (New Economic School)

Abstract

This work, using computer simulation methods, answers the following question: which is more effective, from the point of view of public welfare, linking the severity of punishment for a crime to the public damage from it, or to the income that the criminal received? The answer, in the end, turns out to be twofold: on the one hand, linking the severity of punishment to the criminal's income from the offense contributes to the maximum deterrence of crimes; on the other hand, public welfare reaches its maximum value when the severity of punishment is tied to public damage from the crime and not to the income that the criminal receives from him.

Suggested Citation

  • Kalyagin Gregory & Gorbuntsova Alena, 2023. "The economic basis of liability in criminal law enforcement: liability based on the damage caused Vs. liability based on the proceeds of the offense," Working Papers 0056, Moscow State University, Faculty of Economics.
  • Handle: RePEc:upa:wpaper:0056
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    File URL: https://www.econ.msu.ru/sys/raw.php?o=97394&p=attachment
    File Function: First version, 2023
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    More about this item

    Keywords

    severity of punishment; damage from an offense; proceeds of crime; deterrence;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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