The state is an agent of the ruling capitalist class who defines criminal activities so their own interests are served:
Most laws concern the protection of private property.
Dog fighting and badger baiting (working class) are criminal - fox-hunting until recently (middle/upper class) is not.
To maximise profit, e.g. death caused by exposing workers to danger is not treated as murder.
The workforce is controlled, e.g. anti-union laws.