公司犯罪 | Corporate crimes CN

关于

企业犯罪，有时称为白领犯罪，广义上是指公司或被授权代表法人实体行事的个人的犯罪行为。这类犯罪行为的主体包括高管（公司董事会成员、部门或处室的主管、公司组织单位的经理）以及任何被授权代表公司或企业行事的员工。

企业犯罪的例子包括但不限于：欺诈、财务违规、腐败、股市操纵、环境犯罪、不可靠的公司财务记录管理和串通投标。这类犯罪的后果不仅会使公司或企业面临刑事责任，还可能导致实质性的经济损失和形象损害，进而可能导致企业无法继续经营。

尽管公司引入了系统性变革并改进了刑事合规机制以防止欺诈，但企业犯罪的规模并未减少。不断增长的警方统计数据表明，可能存在的违规行为正在更大规模和更高效地被发现。值得注意的是，波兰立法者正在致力于实施欧盟举报人保护指令的法定落实，依据该指令，一组企业实体将被要求创建举报人系统性报告渠道。这无疑将进一步提高企业犯罪的检测率。

负责任经营的关键在于透明、诚实和在构建道德工作环境方面的一贯性。因此，了解客户的需求并满足这些需求，我们不仅在危机情况下提供支持，还在业务运营的每个阶段协助组织创建完整的防护系统，以防止任何欺诈和违规行为的发生，即企业犯罪。我们的这些活动通常被称为刑事合规。

在企业犯罪领域，包括腐败犯罪和所谓的白领犯罪，我们的律师事务所提供以下服务：

识别企业犯罪和欺诈的风险；
全面实施刑事合规——制定内部规章制度，以防止企业犯罪的发生；
针对法律程序和法规的培训，旨在保护公司或企业的利益，防止欺诈和可能使组织面临损害或责任的事件发生；
进行调查、内部审查和审计，最终形成报告，为组织的后续行动提供准备；
处理举报人的内部报告渠道；
起草法律意见，以帮助企业做出决策；
管理与发现企业犯罪相关的危机情况，包括制定行动战略建议；
刑事诉讼中的法律支持，包括起草刑事通知，并在司法程序或行政程序的任何阶段，代表客户出现在公共机构、办公室、执法机关和法院前；
就公司声誉保护问题提供支持，基于与波兰知名公关公司的合作。

我们的服务面向：

商业公司机关成员；
其结构中容易发生企业犯罪的企业家；
举报人；
资本集团；
在商业和公共权力交汇处运营的个人。

Corporate crime, sometimes called white-collar crime, is broadly defined as the criminal actions of corporations or individuals authorized to act on behalf of a legal entity. This group includes executives (members of the board of directors of companies, directors of a division or department, managers of the company’s organizational units) and any employee authorized to act on behalf of a company or corporation.

Examples of corporate crimes include, but are not limited to: fraud, financial malfeasance, corruption, stock market manipulation, environmental crimes, unreliability in keeping company financial records and collusive bidding. The consequence of their occurrence is not only to expose the corporation or company to criminal liability, but also to material and image damage, which as a consequence can permanently affect the inability to continue doing business.

Despite the introduction of systemic changes and the improvement of criminal compliance mechanisms by companies to prevent fraud, the scale of corporate crime is not decreasing. Growing police statistics indicate that possible irregularities are being detected more effectively and on a larger scale. Significantly, the Polish legislator is working on the statutory implementation of the EU’s whistleblower protection directive, under which a group of business entities will be required to create a systemic reporting channel for whistleblowers. This will certainly involve an increase in the detection rate of corporate crime.

The key to running a responsible business is transparency, honesty and consistency in building an ethical work environment. Therefore, understanding the needs of our clients and meeting them, we act not only in crisis situations, but also at every stage of business operations and we support the organization in creating a full system of protection against the occurrence of any fraud and irregularities, i.e. corporate crime. Our activities in this aspect are commonly referred to as criminal compliance.

In the field of corporate crime, including corruption crimes and so-called white-collar crime, our law firm offers:

identification of risks of corporate crime and fraud;
full implementation of criminal compliance – internal regulations to protect the organization from the occurrence of corporate crimes;
training in legal procedures and regulations, aimed at protecting the interests of the company or corporation and preventing the occurrence of fraud and events that expose the organization to damage or liability;
conducting inquiries, internal investigations and audits culminating in a final report to prepare the organization for follow-up activities;
handling internal reporting channels for whistleblowers;
drafting legal opinions to enable corporate decision-making;
management of crisis situations related to the identification of a corporate crime, including the preparation of recommendations for action strategies;
legal support of criminal proceedings, including drafting of criminal notices and representation before public institutions, offices, law enforcement agencies and courts at any stage of judicial or administrative proceedings;
support in matters related to the protection of the company’s reputation based on cooperation with reputable Polish PR agencies.

Our offer is directed to:

members of bodies of commercial companies;
entrepreneurs exposed to the occurrence of corporate crimes in their structures;
whistleblowers;
capital groups;
individuals operating at the interface between business and public authorities.

Summary: Corporate criminal liability

Corporate crime (white collar crimes) refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals acting on behalf of a corporation (company executives) or other business entity. They are committed in order to obtain financial revenue.

Corporate crime – examples (Protect Your Business from Insider Trading Risks

Insider trading and the disclosure of confidential information are crimes that can severely damage an organization’s reputation and financial stability. Our law firm offers comprehensive support to prevent such threats, respond effectively in crisis situations, and defend our clients’ interests at every stage of legal proceedings. With extensive experience in legal consulting and compliance audits, we help companies implement robust mechanisms to safeguard against abuses.

Our team of specialized lawyers provides expert advice to entities exposed to insider trading risks, supports individuals under suspicion or accusation, and represents clients in dealings with supervisory authorities such as the Polish Financial Supervision Authority (KNF). We also deliver training programs to raise awareness and implement practical solutions that minimize the risk of violations.

Don’t let insider trading jeopardize your company’s security. Contact us today and ensure your interests are protected by the leading experts in the field!)

Corporate crimes encompass a wide range of illegal activities committed by corporations or individuals acting on their behalf. These crimes are not limited to large corporations; companies of any size can be involved in such illegal actions. The most common corporate crimes include:

Fraud – Deliberate deception to secure unfair or unlawful financial gain, often targeting investors or customers.
Embezzlement – Misappropriation of funds entrusted to an employee or corporate officer for personal use.
Insider trading – Trading stocks or securities based on confidential, non-public information, providing an unfair market advantage.
Money laundering – Concealing the origins of illegally obtained money to make it appear legitimate.
Bribery and corruption – Offering or accepting illicit benefits to influence decisions, often involving public officials or business agreements.
Cybercrime – Hacking, data breaches, and other illegal activities targeting corporate digital assets.
Antitrust violations – Engaging in monopolistic practices, price-fixing, or anti-competitive agreements.

In some jurisdictions, there is also a category of corporate manslaughter, which pertains to a corporation’s responsibility for fatalities caused by gross negligence. However, this concept is not applicable under Polish legislation.

Whistleblowers. Criminality (expanded)

Corporate crimes are often exposed by whistleblowers—individuals who report illegal activities or unethical practices occurring within their organizations. Whistleblowers play a crucial role in uncovering corporate wrongdoing, ranging from financial fraud to environmental violations. They are typically employees but can also include external parties, such as contractors or suppliers, who become aware of corporate misconduct.

The legal framework in many countries protects whistleblowers, ensuring they are not penalized for reporting unlawful activities. This protection includes safeguarding their identity, prohibiting retaliation such as termination, demotion, or harassment, and granting them immunity from criminal liability for their disclosures. Whistleblowers are instrumental in promoting transparency and accountability within organizations, as they help detect and prevent misconduct before it causes widespread harm.

Governments and international bodies encourage the establishment of secure reporting channels and compliance mechanisms to empower whistleblowers and strengthen corporate governance. By fostering a culture of openness and ethical responsibility, organizations can mitigate risks associated with corporate crimes and protect their reputations.

Safeguard Your Business Against Corporate Crimes with Professional Support

Corporate crimes pose significant risks to businesses, including financial losses, reputational damage, and legal liability. Addressing these challenges requires a proactive approach that includes implementing robust compliance systems, conducting thorough internal investigations, and fostering an ethical workplace culture. Our law firm specializes in helping businesses identify vulnerabilities, establish preventive measures, and respond effectively to corporate crime incidents.

Whether you need assistance with legal compliance, training for staff, managing whistleblower reports, or navigating a crisis, our experienced team is here to provide comprehensive support. Protect your business, strengthen governance, and ensure legal integrity by partnering with us to tackle corporate crime effectively. Contact us today for tailored solutions that safeguard your organization’s success.

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