Enforcing Economic and Financial Policies in National Systems – Financial Markets Regulation, Environmental Law and Competition Law ¬– Poland

in Ligeti, Katalin; Tosza, Stanislaw (Eds.) White Collar Crime. A Comparative Perspective (2018)

White Collar Crime. A Comparative Perspective

Book published by Hart Publishing (2018)

White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured ... [more ▼]

White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field. [less ▲]

Criminal Liability of Managers for Excessive Risk-Taking?

Doctoral thesis (2016)

The thesis analyses and evaluates the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were ... [more ▼]

The thesis analyses and evaluates the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its dangers are not limited to the times of economic crisis. In the same time risk taking is at the very beginning and at the very core of business activity. By criminalising managers’ excessive risk-taking criminal law enters a sphere, which is at the core of the activity it affects. This research examines the regulation of these selected legal orders, in which excessive risk-taking by managers is criminalised (England & Wales, Germany and France). It is followed by a more in-depth reflection on the role of criminal law in punishing acts of mismanagement, which consist in exposure to excessive risk. This reflection takes a perspective of basic theories of criminalisation and ethical problems inherent to the topic, as well as the interference with other branches of law regulating corporate environment. It demonstrates that it is justified to criminalise excessive risk-taking to a certain extent. It formulates a blueprint how to design criminalisation of such acts taking into account the factual and legal background within which such a criminalisation would have to be fitted. This proposal might serve the national legislator as well as potentially the European one. [less ▲]

XIXth International Congress of Penal Law - Report on Section 1

in International Review of Penal Law (2014), 3/4

Projekt modelowych reguł postępowania karnego dla Prokuratury Europejskiej

in Panstwo i Prawo: Organ Zrzeszenia Prawnikow Demokratow w Polsce (2013), 8

The Preliminary Criminal Procedure in Luxembourg

in Ligeti, Katalin (Ed.) Toward a Prosecutor for the European Union (2013)

Prawnokarna ochrona własności intelektualnej

in Załucki, Mariusz (Ed.) Ochrona włsności intelektualnej w Polsce (2011)

La responsabilidad por los actos riesgosos de gestión en las sociedades de capital: Un estudio de derecho comparado

in La Revista Penal (2010), 26

Komentarz do Tytułu X Prawa Własności Przemysłowej

in Kostański, Piotr (Ed.) Prawo własności przemysłowej. Komentarz (2010)

Odpowiedzialność podmiotów zbiorowych we francuskim i polskim prawie karnym. Analiza porównawcza

in Czasopismo Prawa Karnego i Nauk Penalnych (2008), 1