CRIMINAL LAW PROTECTION OF BUSINESS REPUTATION

Business reputation of legal entities has traditionally been protected by civil law. Protecting the interests of organisations from criminal offences against them is one of the areas in the state’s criminal policy. However, the Criminal Code does not contain a special norm stipulating criminal liability for offences against the goodwill of legal entities. While such offences cause mostly intangible harm, discrediting the goodwill of legal entities as a way of eliminating or suppressing competition becomes increasingly common. Therefore, there is a clear need for banning this particular form of criminal behaviour. The purpose of this study is to identify some social factors calling for rules of criminal law to stipulate liability for crimes against the goodwill of legal entities. The author analyses a number of cases showing legal entities as victims of attacks on their business reputation. The study can be used in law enforcement, research and teaching. The author concludes thatdiscrediting the reputation of legal entities needs to be criminalised.