It must be said first that this topic has occupied my thoughts for quite some time, even before starting my doctoral studies. I was a public prosecutor at the Amman Criminal Court and experienced firsthand the immense difficulties faced by the Jordanian judicial system in applying the Jordanian Economic Crimes Law, the numerous practical challenges it encounters, and the ambiguity that shrouds many aspects of this law. From here, the idea was born in my mind, and many questions about this law arose within me. I had a definite desire to delve into its depths and find effective solutions for each of these questions, after a thorough review of various economic laws in several countries, both Arab and foreign. Perhaps this study will be a stepping stone and an introduction to a Jordanian economic legislation that rivals the most advanced countries, especially after I received great encouragement from my professor and supervisor, Dr. Nizam Al-Majali, to proceed with this topic due to its novelty and the many issues that could be discussed within it.

It is no secret that the modern era, globalization, and the world becoming a small village have been highly influential factors on legislation and legislative policy in different countries. Indeed, they have had the greatest impact on the criminal policy followed by the legislator.

The world's countries have been divided into the First World, then the Second, and then the Third World or what are called developing countries, in addition to the oil-producing nations. This was all based on one foundation: the per capita income level and the degree of economic growth in this or that country. In essence, the economy, finance, and forces of production have become the main driver of all aspects of life, as well as the tools of control and colonialism through which rich countries impose their various policies on other poor countries. Economic factors and the deterioration of the economy in many countries, especially in the communist bloc, such as the former Soviet Union, were the means by which other countries were able to impose their policies on them and buy their support in various international systems.

For all these reasons, it was necessary to have rapid and advanced legislative alignment with this development witnessed by the world economy, on the one hand, and to preserve the economies of countries from collapse, on the other.

It goes without saying that many countries in the world have taken note of this matter and have enacted economic legislation that ensures the preservation of their economic entity and prevents the outflow of hard currencies from their sovereignty, in line with the economic policy and approach they adopt. They were not content with the general rules in the penal code to regulate these economic issues but rather dedicated separate, integrated laws for them, especially in those countries that follow a directed economy approach, intervening in all aspects of economic life, as is the case in communist systems. In fact, some capitalist countries, in times of war or economic crises, resort to a policy of a directed economy and the nationalization of many vital projects, managing them themselves. This is all undoubtedly linked to legislation capable of dealing with those circumstances without any shortcomings and without leaving wide room for numerous interpretations and conflicting opinions, which leads to achieving the economic goals sought by the state in accordance with the framework of economic policies in effect within it.

This issue has been absent from many Third World countries, where independent laws regulating the economic process have not been established, either due to weakness in their economies or their economic dependence on developed countries in this field. The reason may also be political, with developed countries wanting to keep these nations at a degree of economic weakness so that they always conform to their desires and goals. The lack of economic development has been accompanied by a lack of development in the legislation regulating this area.

Hence the importance of this study, which aims to shed light on the economic legislation in force in Jordan, to study, analyze, and scrutinize it. We will highlight its good aspects and focus on the positives, as well as expose the bad, the flaws, and the negatives, in our quest to find an alternative that addresses modern technologies and sophisticated economic crimes that, if not regulated, could easily topple the entire economic system of a country.

All of this will be done through two main axes: first, that civil penalties are insufficient to address such crimes and punish their perpetrators. There must be criminal penalties that proceed through a set of special procedures to strike with an iron fist anyone who dares to tamper with the country's economy and its financial security, to achieve both special and general deterrence to protect the state's economic system. Second, is to conduct a careful comparison between our national economic legislation and some of the applicable legislation in Arab countries, and then some international legislation, to ultimately determine what is best and feasible, without preconceived notions about the superiority of any legislation over another, although a strong economy in some countries indicates the existence of a strong legal system capable of protecting such an economy.

THE STATEMENT OF THE PROBLEM:

The purpose of this study is to understand the concept of error and attribution in economic crimes, starting from an explanation of its legal model and its conformity with the models adopted for crime in general. This model raises the problem of defining the scope of criminal liability for economic crime and its compatibility within comparative legislative, judicial, and jurisprudential approaches.

ELEMENTS OF THE PROBLEM:

The purpose of this study is to answer the following questions:

• Does the legal nature of criminal liability for economic crimes deviate from the general provisions of the penal code?
• Does this deviation introduce new points and ideas that contribute to the advancement of the penal code?
• Does the public interest require the application of general rules to criminal liability in economic crimes?
• Does the public interest require highlighting the potential risks of applying general rules to economic crimes?
• What is the scope of vicarious criminal liability in economic crimes? And what is the scope of criminal liability of a legal person if this crime is committed under its umbrella?

RESEARCH HYPOTHESES:

The study will be based on a set of main hypotheses as follows:

• The legal nature of criminal liability in economic crimes requires a departure from the general provisions of the penal code, and its liability provisions and elements differ from liability in other crimes.
• This departure from the general provisions of criminal liability carries many new and necessary points and topics for the penal code to keep pace with the development and acceleration in various aspects of life, and therefore this departure helps to advance the penal code.
• The interest of society in preserving its economic entity from any sabotage or tampering necessitates that criminal liability for economic crimes have special provisions regulating it.
• There are many potential risks in the departure of the provisions of criminal liability for economic crimes from the general provisions, and therefore the departure must be controlled and according to a set of principles that define and regulate it.
• Criminal liability for the actions of others in economic crimes has special provisions that regulate it, as does the criminal liability of a legal person, and therefore it is necessary to accurately define this type of liability.

These are our hypotheses, and this study will determine their validity or invalidity without any preconceived or hasty decisions, in an effort to make our study objective, achieving the best possible goals to the best of our human ability, which is not without flaws.

Research tools we will use to study these hypotheses are as follows:

• Analytical study of our economic legislation.
• Understanding the purpose intended by the legislator in issuing such legislation.
• Analytical study of comparative economic legislation and different economic systems.
• Conducting a comparison between our legislation and the legislation under study, within similar economic systems.
• Weighing all of this, praising what we see as correct and explaining why, and criticizing what we see as misguided and explaining the reason, relying on arguments and evidence with all neutrality, objectivity, and a precise scientific method.

Other tools and means that we may have overlooked might emerge during the study, research, and in-depth analysis, all in our endeavor to add, complete a deficiency, or fill a gap, striving in this and seeking the opinion of my supervising professor for this study and professors of criminal law in this field, whether in the science of law, economics, or sociology.

RESEARCH LIMITATIONS:

My approach in dealing with this study is clear from beginning to end and will not deviate from a set of limitations that illuminate the path for me, based on a set of pillars and foundations as follows:

• The study falls within the field of criminal law, and therefore I will not deal in detail with the different economic policies such as capitalism, socialism, and mixed economies. I will limit myself to what is relevant to the topics of this study and what supports its legal texts, leaving economics and its depths to the specialists.
• Jordanian economic legislation will form the basis of this study, whether it comes from the Economic Crimes Law or any other legislation.
• I will study comparative economic legislation, with my comparison focusing on Egyptian, Syrian, and French legislation. I will also address some European legislation, especially those that were distinguished in certain matters and unique in specific topics.
• I will address the jurisprudential and judicial opinions related to economic crimes and economic law, both in Jordan and in the comparison countries.

RESEARCH METHODOLOGY:

For the researcher to reach the precise solution that provides a satisfactory, comprehensive, and integrated answer to the questions that formed the study's problem, and to achieve accurate scientific knowledge, a precise scientific method and procedures must be followed step by step to reach the end of the road and the best results.

My methodology in this study will combine more than one style of scientific approach, as follows:

• Descriptive (Historical) Method: I will begin this study with a precise description of the situation in Jordanian legislation and the comparative legislations I will cover, and the different stages these legislations have passed through, to be like a photographer who gives an accurate and correct picture of economic crimes and economic law in these different legislations to every reader.
• Analytical Method: After describing and clarifying, I will analyze these texts to understand their intended meaning, both literally and in spirit, not just what is stated in their words, but moving to what is between the lines and what is latent behind the texts, guided by the opinion of legislation, jurisprudence, and the judiciary.
• Critical Method: After description and analysis, I will move to the method of "complete research" which is not satisfied with that alone but finds it necessary to weigh these texts and this analysis, seeking to provide a solution to the problem that arose at the beginning of the research. I will show and highlight the merits, as well as show and focus on the flaws, preferring some opinions, pointing out what I see as useless, and proposing a sound alternative and a brilliant solution that fills the gaps, completes the shortcomings, and gathers the scattered texts and laws, to reach the new, bright image we aim for, and the goal we seek, which is the existence of a modern Jordanian economic legislation and economic penal code that rivals, and even surpasses, international legislation, all within the limits of my human effort, which can only be characterized by shortcomings and imperfections, as there is no perfect legislation or final, eternal law except for the legislation of the Creator and the laws of the Lord of the worlds, which are not limited by the application of a text, neither in time nor in place.

ISBN: 9789957162740 | Weight: 0.800 kg | Dimensions: 17×24 cm | Paper: White | Pages: 456 | Year of Publication: 2009 | Binding: Hardcover