Economic Criminal Law
Economic criminal law includes criminal provisions whose task is to protect supra-individual and individual interests of equal participants of economic turnover (professional and non-professional), interests expressed mainly in the proper functioning of institutions and trading rules. On the other hand, economic turnover should be understood as all formal and factual issues related to economic relations, based on legal regulations.
Economic crimes, due to their number, cannot be treated collectively and template. They require an individual approach, a proper assessment both in terms of the general principles governing criminal law, as well as the specifics of general market, administrative, economic regulations and a specific type of prohibited act. Dogmatics postulate that the protection of economic turnover using criminal law be limited only to the necessary situations in which other possibilities of counteracting (for example those arising from civil law) have failed for various reasons. However, observing changes in criminal law, including typing and tightening penalties, it should be noted that incurring or exempting from criminal liability for fundamental economic crimes is affected by the proper conduct of economic activity (both in the internal, employee and external sphere), regularity verification applied solutions, analysis of ad hoc business and organizational steps taken, implementation of recommended legal recommendations, as well as proper conduct of court proceedings, in particular in the field of collecting and presenting evidence.
Doing business in the current reality is inseparable from the risk and existing threats to legal and criminal liability. These threats also apply to people who do not run their own business, but hold managerial positions and perform key functions in the bodies of commercial law companies.
Joanna Jakubowska-Zawada’s Law Firm deals with conducting economic criminal cases through:
- representation in court proceedings related to economic crimes,
- representation of entities injured in criminal business activities,
- legal analysis and advice, including Legal Audit and Compliance Audit, in minimizing the risk of criminal liability,
- ongoing analysis of business activities and business decisions taken, taking into account the risk of incurring criminal liability, in particular for economic crimes, unfair competition, violations of intellectual and industrial property rights,
- legal advice in the scope of assessing the activity of the management staff in terms of acting to the detriment of the company, with particular emphasis on responsibility for the implementation of obligations related to bankruptcy proceedings,
- assistance in collecting and assessing evidence.
The Law Firm represents the interests of victims, supports clients in pursuing property claims in criminal proceedings, and also protects the image and reputation of the company. The law firm also undertakes to defend persons wrongly accused in criminal matters regarding economic crimes such as:
- offenses against business transactions,
- offenses against information protection,
- crimes against trading in money and securities,
- offenses related to acts of unfair competition,
- offenses related to violation of industrial property rights and copyrights,
- illegal removal of company assets,
- money laundering, fraud, including credit fraud,
- bribery, including in enforcement proceedings,
- fictitious transactions,
- extortion of damages,
- misappropriation of cash and business entity assets,
- leveling business activity documentation,
- acting to the detriment of the company, business activity of a natural or legal person or an organizational unit without legal personality.