“The Organised Structure of Power” and Economic Crime “FIMI-Media” Case and a View from the Croatian Perspective

During the 1960s, famous German professor Claus Roxin developed a theory about the use of the so-called «organised structure of power» as a form of indirect perpetration. Roxin, however, claimed that his thesis does not apply to cases of economic crime. On the other hand, he modern German judicial practice and some of the authors believe that this concept should be applicable in economic criminal law as well. In the last few years in Croatia there have been several trials for corruption and drawing state money against the former Croatian prime minister and his closest associates, who allegedly used the political organisation in their operations. The aim of this paper is to see does one of these cases (so-called «FIMImedia» case) fulfil the essential elements of the theory of the organised structure of power and can this theory be applicable for those cases despite the fact that they represent economic crime. In the first part of this paper we will show the main characteristics of Roxin`s theory and in the second part we will analyse the Croatian case and then conclude about whether it can be considered in context of the theory of the organised structure of power.