Abstract

Drafted Act on Collective Entities’ Responsibility introduces organisational blameworthiness as a relatively new basis of responsibility into the Polish legal system. What is being alternated in comparison with the law currently being in force are the premises of deeming company’s organization improper. Another important novum is an open catalogue of sample malfunctions which deepens interpretational doubts regarding the concept of organisational blameworthiness. A comparison of company’s organization with an abstract model of “due” organization for a specific collective entity, taking into consideration its scale and area of business activity could serve as a useful tool in process of interpretation of concept of organisational blameworthiness, similarly as during an assessment of due care. Nevertheless, creation of such a model might occur troublesome since it requires: firstly, determining a “proper” (for a purpose of minimizing a risk of non-compliance) organizational structure of collective entity and secondly, assessment of a relationship between collective entity’s organisation and possibility or simplicity of committing a criminal offence.