Zoran PAVLOVIĆ, PhD
Full Professor of Criminal Law
University of Business Academy, Law Faculty, Novi Sad
Republic of Serbia
Danijela GLUSAC, MA
Novi Sad Business School
Republic of Serbia
Since the creation of mankind, fraud and corruption existing and it will exist, and Insurance did not stay immune to the occurrence of to this phenomenon in the Society.
Insurance can be defined as a contractual agreement between an insurer (insurance company) and the insured on which basis the second is bound to other or a third person from the moment of occurrence of the insured event to cash out a certain amount of money (sum insured) with the fact that the insured is obliged, independently of the occurrence of the insured case to pay to insurer a fee of insurance (premium) in accordance with the terms of insurance.
The mentioned illegal activities pose a threat to the integrity and reputation of the insurance companies and the stability of the entire financial system.
The paper deals with critically considered an act of fraud in the insurance referred to in Article 208a of the Criminal Code of the Republic of Serbia.
In this article we will first take a look at criminal act of fraud in insurance, examine the justification for the introduction in Criminal Code, particularly bearing in mind the form in which it is done.
The authors analyzed and preventive measures for the detection and fight against insurance fraud.
The aim is to highlight the unexploited possibilities to be in Serbia, to join forces insurers, policy holders and other insurance in the fight against that fraud.
With timely preventive and repressive operation simultaneously in multiple directions they may be largely mitigated or prevented, and the perpetrators of that acts can be legally sanctioned.
The second part is devoted to the problem of corruption in insurance.
Topic of corrupt crime is so complex and important that it has become not only a serious internal, but also an international problem.
The task set in front of all states means that the problem of corruption to be taken seriously and to be confronted with the problem appropriately, because this "disease" is a danger to all segments of human activity, including in the field of insurance.