Perspectives on financial crimes in Roman‐Dutch law. Bribery, fraud and the general crime of falsity (falsiteyt)
| Published date | 09 October 2009 |
| Pages | 295-304 |
| DOI | https://doi.org/10.1108/13590790910993771 |
| Date | 09 October 2009 |
| Author | Johan Henning |
| Subject Matter | Accounting & finance |
Perspectives on financial crimes
in Roman-Dutch law
Bribery, fraud and the general crime of falsity
(falsiteyt)
Johan Henning
University of the Free State, Bloemfontein, South Africa and
Institute of Advanced Legal Studies, University of London, London, UK
Abstract
Purpose – The purpose of this paper is to identity the prevalence and kinds of financial crime in
seventeenth and eighteenth century Roman-Dutch law.
Design/methodology/approach – The object is achieved by a legal and historical analysis of the
available legal sources especially of the main Roman-Dutch and other institutional authorities.
Findings – It is found that the general crime of falsity in Roman-Dutch law had a much greater ambit
than the present-day fraud and had it survived, would have been very valuable to combat present-day
financial crime more effectively.
Research limitations/implications – Further research on other Roman-Dutch sources on falsity.
Originality/value – The paper shows there is much to learn from legal history in that the
recognition of a general crime of falsity will very valuable to combat present-day financial crime much
more effectively. Of value to everybody engaged in the battle against financial crime.
Keywords Crimes, Commonlaw, Legal systems, History, The Netherlands, South Africa
Paper type Research paper
1. Introduction
The term financial crime expresses different concepts depending on the jurisdiction
and on the context[1]. Nevertheless, financial crimes have been described as crimes
against property, involving the unlawful conversion of property belonging to another
to one’s own personal use and benefit, more often than not involving fraud but also
bribery, corruption, money laundering, embezzlement, insider trading, tax viola tions,
cyber attacks and the like[2]. In any event, it appears that criminal fraud for personal
benefit is undoubtedly one of the most prominent species of the genus[3].
The main object of this contribution is to trace briefly the ambit of financial crimes
such as bribery, corruption and especially fraud in South African common law. The
common law of South Africa is based historically mainly on Roman-Dutch law, the
legal system which was in operation in the Dutch Republic during the late sixteenth,
the seventeenth and eighteenth centuries.
2. Dutch Republic, its Golden Age and the VOC
The Republiek der Zeven Verenigde Nederlanden (Republic of the Seven United
Netherlands – Dutch Republic in short), existed between 1581 and 1795, in about the
same location as the modern kingdom of The Netherlands. The seventeenth century
was known as the Golden Age of the Republic. Defoe (Heaton, 1948, p. 279) described
The Netherlands during the seventeenth century as:
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
Financial crimes
in Roman-Dutch
law
295
Journal of Financial Crime
Vol. 16 No. 4, 2009
pp. 295-304
qEmerald Group Publishing Limited
1359-0790
DOI 10.1108/13590790910993771
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