Published: 2018-01-10

Criminal Law Aspects of Fraudulent grants of European Union Funds

Mateusz Wiśniewski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2017.17.2.07

Abstract

Summary

The article discusses the fraudulent award of EU grants as a white collar crime. Poland joined the European Union in May 2004, opening up the door for new criminal groups to commit financial offences against the interest of the EU. This paper presents a critical analysis of the Polish provisions on EU grants. The first major problem he discusses is the legal qualification of the offence under Polish law. An offender may be charged under several articles of the Polish Criminal Code (286 § 1, 297 § 1, or 82 § 1 of the Fiscal Criminal Code.) The author explains the differences and similarities between these provisions. he concludes that the current provisions require amendment, in particular he argues that Article 297 § 1 of the Polish Criminal Code should not be used as an instrument for financial protection against EU fraud.

Keywords:

criminal liability, grant, fraudulent, white collar crime, financial detriment.

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Citation rules

Wiśniewski, M. (2018). Criminal Law Aspects of Fraudulent grants of European Union Funds. Zeszyty Prawnicze, 17(2), 145–159. https://doi.org/10.21697/zp.2017.17.2.07

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