The issue of illicit funds has been entirely neglected in Croatian criminal law: theoreticians have been circumventing it, and it is not apparent in delivered court judgements. In fact, this is a relatively widespread phenomenon in modern economic operations, especially in the operation of joint stock companies, and even in limited liability companies, where such funds are used for bribing business partners. Starting from the "Siemens/ENEL" case in German case law, the author gives a critical analysis of the provision of Article 292 paragraph 1 subparagraph 1 of the current Criminal Code, pursuant to which the establishment or holding of illicit funds is punished if the offence is committed with the aim of acquiring pecuniary gain for own benefit or for the benefit of another legal entity. However, it is considered that the establishment of such funds does not represent a benefit but causes damage to the legal entity, and could therefore be defined as a type of offence of breach of trust in economic operations, which the working group involved in the Draft Proposal of the new Criminal Code proposes to be introduced in the new Criminal Code. PUBLICATION ABSTRACT