
Penal Aspects of Economic Relations
Program: Bachelor of Business and Administration (Specialisations: Business, Finance, Governance)
ECTS: 3
Lecturer: Anna Płońska
Email: anna.plonska@uwr.edu.pl
Type: Optional
Level: Elementary
Lecture
Number of hours: 2h X 6 weeks = 12 hours (1 semester)
Classes
Number of hours: 2h X 4 weeks = 8 hours (1 semester)
Biography of the Professor
Assistant Professor of Law in the Department of Petty Offences Law, Tax Criminal Law and Business Criminal Law, Faculty of Law, Administration and Economics, University of Wrocław (Poland). Her research focuses on the field of criminal law, petty offences law and tax criminal law. She is especially interested in white collar crimes. She is a Disciplinary Proceedings Representative for UWr Students and PhD Students. She also acquired her professional experiences abroad – in United States of America, Spain, Portugal, Italy and Czech Republic. The aim of the course is to present a significant legal protection of economic relations. Particular emphasis will be placed on the criminal law protection and the rules of criminal liability in business relations. Detailed analyzes will cover the catalog of crimes against business, which include, among others, money laundering and fraud credit.
Requirements for passing a course
Student needs to pass two written colloquiums and one home taken paper. (ĆW) Final exam: written exam, three questions from the list below (A – 90%; B – 70%, C – 50%)
Exam questions
1. Economic relations as a subject of legal protection
2. Introduction to the provisions of The Polish Penal Code and The Polish Tax Penal Code
3. Basic principles of criminal liability
4. Definition of a prohibited act, an offence and a petty offence
5. Differences between tax offence and tax petty offence
6. Prohibitions of the prohibited act (object of protection, subject, subject page, subject page)
7. Determination of the time and the place of conducting the prohibited act
8. Circumstances excluding guilt (insanity, mistake, underage)
9. Circumstances excluding unlawfulness (necessary defense, state of necessity, economic experiment)
10. Penalties for white collar crimes (fine; restriction of liberty; imprisonment)
11. The catalogue of penal measures
12. Specifications of chosen white collar crimes: a) Abuse of trust – Article 296 CC (Polish Criminal Code) b) Bribery / managerial bribery – Article 296a CC c) Capital fraud – Article 297 CC d) Security fraud – Article 298 CC e) Money laundering – Article 299 CC f) The exploitation (usury) – Article 304 CC
Sources
Law:
The Criminal Code Act from 1997
Books:
Emil W. Pływaczewski (ed.), Current Problems of the Penal Law and Criminology, Warszawa 2012.
Joshua Dressler, Cases and Materials on Criminal Law, USA 2009.