Winter edition of Business Case Review by BBS Law Firm – White-collar crime. Managerial responsibility.
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
This is the fifth publication of the law firm BBS and Partners’ original Business Case Review series. The report is a collection of articles presenting a given problem related, this time, to the subject of white-collar crime, on the basis of real cases originating from the law firm’s portfolio of lawyers. The study illustrates how the law works in practice, which is particularly important in the case of criminal law, as it also deals with difficult situations related to searches or arrests. In doing so, it seeks to answer questions that are not answered in the commentaries, focusing entirely on a practical approach.
The prepared study is addressed both to practitioners and to business representatives, who, seeking both solutions to their problems and legal security, may find certain analogies in the ‘cases’ discussed by the experts.
Business decision-making and business management often require an assessment of economic risk. This is inherent in the essence of business activity, and gaining benefits often involves taking such risks, which may give rise to liability on the part of the business manager. The role of a lawyer is certainly to solve the problems of his or her clients, but also to provide them with the necessary legal security. Operating in compliance with the law is one of the basic conditions for safe business operations.
Criminal cases, especially of a commercial nature, in which I have been involved, have shown how important it is to supervise and adapt the organisation's operation to the constantly changing legal regulations. In a crisis situation, where criminal proceedings have already been launched "in a case", let alone "against a person", leading an effective defence requires not only knowledge of the law and prosecution practice, but also remaining close to the client, understanding their business and the reasons for the problems that have arisen. For these often remain difficult to grasp and then prove in a criminal trial.
– comments partner at BBS and Partners, head of the white-collar crime practice and editor-in-chief of the new BCR, Bartłomiej Pietruszka.
The construction of so-called economic crimes is not the simplest and is often linked to other branches of law (EU extortion, managerial bribery, acting to the detriment of the company, acting against creditors, money laundering, tax fraud). As reality shows, the standard of law enforcement agencies also tends to vary. Years of observing criminal proceedings allow us to conclude that the manner in which a given case is conducted, as well as its conclusion, is closely correlated with the type of body conducting it and the role of a lawyer in these proceedings. Contrary to appearances, also in criminal proceedings it is important to be able to effectively seek an agreement, if only so that the arguments of one side are not perceived only as an accepted line of defence, but are heard, leading to finding an effective solution to the problem.
The firm’s lawyers have had the opportunity to participate in a wide variety of criminal cases as attorneys and defence counsel, and in this new study, they share their practical experience gained in the course of conducting such cases, at the same time smuggling in many valuable tips which may help to get out of situations which would often seem to be sub-optimal.
DOWNLOAD BUSINESS CASE REVIEW – WHITE-COLLAR CRIME. MANAGERIAL ACCOUNTABILITY.
See other reports in the BCR series.
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