Rola słupów i faktycznych organizatorów przestępstw karuzelowych oraz skala współpracy z biegłymi sądowymi w przestępczości gospodarczej

One of the mechanisms that significantly contributes to the existence of the VAT gap are tax frauds implemented within the so-called carousel tax. Unfortunately, the scale of this occurrence shows that both tax authorities and law enforcement agencies do not cope with limiting this scale. This is because in the conducted proceedings, the real organizer of the VAT carousel is often not detected, which in turn means that he is looking for new substituted persons and almost immediately creates a new carousel. According to the author, such a state of affairs corresponds, inter alia, to the tax authority issuing tax decisions on substituted persons, without making use of the possibilities resulting directly from art. 55 of the penal fiscal code (endorsing). It can not be forgotten that the actual beneficiaries of financial benefits from tax frauds are the organizers, not the substitute persons, which as a result of their role are very low paid. Issuing a tax decision on the real organizer makes it possible to regain the actual losses taken by the state budget. In addition, specialized units dealing with the recovery of property, which are subject to the Department of Recovery of Property at the Police Headquarters would have a real chance to secure the property of an organizer from a crime. It seems that without changing the tax authorities' approach and law enforcement cooperation, the real organizers will remain unpunished, and the recovery of assets almost impossible - despite the favorable legislative possibilities. A broad analysis of the criminal procedure pattern is necessary to determine the real organizers, and thus, as the practice shows, closer judicial cooperation with court experts, which in turn will contribute to the effectiveness of identifying the real organizers of organized criminal groups operating in the areas of carousel crimes. The article is a continuation of the research undertaken by the author in the publication Mechanism of carousel crimes and methods of their limitation. The aim of the article is to draw attention to the need to change the approach to the conducted proceedings, which can realistically reduce the scale of carousel crimes. At the same time, the author indicates the necessity to use the existing legal status and to cooperate with court experts in order to improve the efficiency of proceedings (duration of proceedings, determination of real organizers). The added value of the study is that the methods mentioned in the article do not require legislative changes, so they can be applied immediately in practice. In order to present the intended objectives, there were applied methods of literature research and public data made available by the Ministry of Finance, applicable legal acts. In addition, own research was carried out, including the scale of cooperation between the judiciary and court experts, which allows us to verify the hypothesis that the scope of this cooperation in the field of economic crime is insufficient. The considerations in the article are both theoretical and practical.