资产追偿 | Asset recovery CN

关于

在税收制度日益复杂和经济危机定期动摇市场的背景下,白领犯罪的发生频率不断增加。更多的经济犯罪意味着更多的受害实体,其中越来越多的是法人实体。白领犯罪不仅破坏了公司的正常运作,还影响了经济的稳定,因此对这些犯罪的打击力度也在不断加大。刑事诉讼的规模越来越大,可能涉及多个国家和数十个实体。在这种情况下,资产追回变得尤为重要。

尽管在白领犯罪案件中执法力度在不断加大,但受害公司在追回资产方面仍然面临巨大困难。警方和检察机关通常主要关注将犯罪者绳之以法,而受害公司的资产追回则往往退居次要位置。实际上,这不仅仅适用于白领犯罪。因盗窃、抢劫或黑客攻击丢失的资产同样需要被追回。

根据波兰法律,法院可以在某些案件中执行财产保全措施,例如罚款、金钱赔偿、没收财产、补偿性措施(附加费、赔偿义务)或要求将犯罪所得的财务利益归还给受害者或其他授权实体。然而,保全财产本身并不意味着受害方一定能追回资产。这需要在刑事诉讼中采取一系列程序性步骤。

律师的职责是利用可用的法律工具来确保客户的合法利益。成功的资产追回包括保全财产、追回丢失的利润和财物,并执行赔偿义务。还可以利用广泛的法律手段在波兰和国外追查犯罪者的资产。

我们的服务包括:

  • 在刑事诉讼启动前提供法律咨询——准备法律意见和分析,并协助选择最有效的资产追回方式;
  • 在刑事和刑事经济诉讼的准备和司法程序阶段,作为受害方代表客户;
  • 在与执法机关和司法部门的日常联系中提供支持,包括资产追回的相关支持;
  • 代表客户在与犯罪者的调解程序中进行辩护;
  • 在针对犯罪者的执行程序中代表客户;
  • 提供在犯罪中丢失资产的法律援助;
  • 采取额外的民事行动,旨在有效和迅速地追回丢失的资产。

我们为以下群体提供帮助:

  • 个人企业家;
  • 公司、协会和基金会;
  • 企业集团和控股公司;
  • 个人。

 

At a time when the tax system is becoming increasingly complicated and economic crises regularly shake the markets, white-collar crimes are being committed with increasing frequency. More economic crimes mean more entities victimized by them, which are increasingly becoming legal entities. White-collar crimes destabilize the operation of companies and the economy, and as a result they are being prosecuted with increasing ruthlessness. Criminal proceedings are carried out on a large scale and are capable of covering many states and dozens of entities. In this context, asset recovery takes on particular importance.

Although law enforcement activity is increasing in the case of white-collar crimes, victimized companies still have great difficulty recovering their assets. Police and prosecutors are often primarily interested in bringing the perpetrators to justice, and the recovery of the victim company’s assets recedes into the background. In fact, this applies not only to white-collar crime. Assets subject to recovery may also be lost as a result of theft, robbery or hacking.

Polish legislation allows for the execution of property security in cases where the court may order a fine, monetary performance, forfeiture, compensatory measure (surcharge, obligation to redress the damage) or an obligation to return to the victim or other authorized entity the financial benefit that the perpetrator has obtained from the committed crime. However, security alone does not yet mean that the wronged party will recover its assets. This consists of a number of procedural steps in criminal proceedings.

The role of the attorney is to use the available tools to secure the legal interest of the client. Successful asset recovery consists of securing property, being able to recover lost profits and belongings, and enforcing a restitution obligation. There are also extensive legal possibilities related to the search for the assets of offenders in Poland and abroad.

Our services include:

  • legal counseling prior to the initiation of criminal proceedings – preparation of legal opinions and analyses and assistance in choosing the most effective way to recover assets;
  • representation of the client as an aggrieved party in criminal and criminal-economic proceedings at the preparatory and judicial proceedings stage
  • support in ongoing contacts with law enforcement agencies and the judiciary, including support on the subject of asset recovery;
  • representation of the client in mediation proceedings with the perpetrator of the crime;
  • representation of the client in enforcement proceedings against the perpetrator of the crime;
  • legal assistance in the recovery of assets lost through crime;
  • additional actions of a civil nature aimed at effective and prompt recovery of lost assets.

We provide assistance to:

  • individual entrepreneurs;
  • companies, associations and foundations;
  • corporations and holding companies;
  • individuals.
Read more

Asset recovery

Asset recovery refers to the process by which the proceeds of corruption transferred abroad are recovered and repatriated to the country from which they were taken or to their rightful owners. It is related to organised crime. How does asset recovery process look?

International cooperation

A key element is the consideration of cross-border aspects of criminal asset. International cooperation and cross-bordee initiatives have already been on-going for a long time and were introduced in the majority of international agreements envisaging to enhance the combat against crime. Further actions in relation to confiscation and asset recovery have been developed by the World Bank and UNODC. This issue is designated by the European Union as one of the priorities in the common security policy. Several projects are implemented in this regard.

Global forum on asset recovery

The International Centre for Asset Recovery (ICAR) is a Swiss based, independent competence centre in asset recovery. Its mission is supporting affected countries to investigate and prosecute financial crimes, with the goal of strengthening anti-corruption institutions and recovering stolen public assets. It helps to collect financial information and carry anty – money laundering actions.

International asset recovery is  an endeavor by governments to repatriate the revenues of corruption hidden in foreign jurisdictions. In other words, GAR refers to the recovery of the proceeds of crime rather than broader terms.

Secure Your Assets with Professional Legal Assistance in Asset Recovery

Asset recovery is a critical process for businesses and individuals impacted by financial crimes, theft, or fraud. Successfully reclaiming stolen or lost assets requires expertise in navigating complex legal systems, both nationally and internationally. Our law firm is dedicated to providing comprehensive support tailored to your specific needs, ensuring that your financial interests are protected and pursued effectively.

From initial legal consultations to representation in criminal, civil, and enforcement proceedings, we employ proven strategies to maximize recovery outcomes. With our extensive experience and commitment to protecting your rights, we stand ready to assist you in overcoming the challenges of asset recovery.

Don’t let financial losses define your future. Contact us today to secure expert legal support and begin the process of reclaiming what is rightfully yours.

我们如何帮助您?

联系专家

Maciej Zaborowski

律师,管理合伙人

Paweł Gołębiewski

法律顾问,国际刑法业务负责人