White collar crimes

general courses

A lecture addressed to all students.

The following issues will be discussed during the lecture:

- Definition of the term white collar crimes;

- Principles of criminal liability;

- Forms of committing crimes;

- Penalties and punitive measures;

- Preventive measures and powers of the prosecutor;

- Selected types of crimes (e.g., against economic and property interests, against property, against money trading)

- Offences of the financial services market;

- Shadow banking and pyramid schemes;

- Criminal liability of members of capital company bodies.

The lecture takes the form of direct meetings or lectures

on-line (depending on the orders of the Rector of UW or the Dean of WNE UW, related to the epidemic situation caused by COVID - 19).

On the basis of the presented theory, students will become familiar with examples of practical problems.

The course is intended to discuss the following issues:

1. understanding and defining the concept of white collar crimes (in a systemic perspective);

2. discussion of the key principles of criminal responsibility, with particular reference to: the intentional and unintentional committing of a crime;

3. Identify the forms of committing crimes, with particular emphasis on: perpetration, incitement, aiding and abetting;

4. identification of penalties, penal measures and compensatory measures;

5. discussing possible preventive measures, with particular emphasis on pre-trial detention and the powers of the prosecutor;

6. analysis of the constituent elements of selected types of crimes (e.g. against economic turnover and property interests, against property, against money trading, including, in particular crimes against the company);

7. characterization of crimes on the financial services market, as well as crimes defined as parabanking activities or creation of pyramids scheme;

8. discussing the principles of criminal liability of members of capital companies' bodies.

literature:

R. Zawłocki, Przestępstwa przeciwko mieniu i gospodarcze. System Prawa Karnego. Tom 9, Warszawa 2015

R. Zawłocki, Prawo karne gospodarcze. System Prawa Handlowego. Tom 10, Warszawa 2018

P. Łabuz, I. Malinowska, M. Michalski, T. Safijański, Przestępczość gospodarcza. Istota zjawiska. Zasady odpowiedzialności, mechanizmy przestępcze i metody działania sprawców, Warszawa 2017

KNOWLEDGE:

Upon completion of the course, the student is aware of the existence of a set of criminal law norms penalising certain acts or omissions in the course of business transactions, including possible criminal sanctions and instruments held by the judicial authorities

SPECIFICATIONS:

The student is able to make an independent assessment of legal risks related to specific events in business from the point of view of criminal law.

BASIS:

Thanks to a multi-faceted view of various legal problems, the student, upon completion of the course, is able to avoid unwanted events, reduce legal risks and focus exclusively on legal business.

The basis for passing the course is to receive a positive grade from the exam.

The exam consists of a 45-minute study of two (of the three proposed) open questions (each of them for 10 points).

In total, it is possible to receive 20 points from the examination.

The basic pass threshold is 50% (10 points).

Written exam

In case of persistent restrictions related to the epidemic situation caused by COVID - 19 (depending on the orders of the Rector of UW or the Dean of WNE UW), an on-line exam is also possible. Such an exam will consist in sending 3 issues to all students participating in the exam via e-mail (at the same time). Students will choose 2 of the 3 issues and send back e-mails with the elaboration of the selected issues in PDF form, after no longer than 45 minutes, from the moment of sending the e-mail with the questions.