Published: 2020-02-04

Corporate Liability under the new Provisions in Polish law and the Current Legal Solution: Selected Issues

Katarzyna Stokłosa
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2019.19.4.08

Abstract

The main purpose of this paper is to compare and assess the current regulations in Polish law regarding corporate liability with the arrangements proposed in the government’s new draft bill. There is a need for amendment due to the low efficiency of the existing legal provisions, and to adapt the Polish regulations to the requirements of the OECD and international conventions to which Poland is a party. The draft bill eliminates the need for the culpable individual’s previous conviction and brings in a significant modification in the penalties for corporate liability. I begin by giving the current and prospective definition of podmiot kolektywny (a collective entity, viz. a corporation) in Polish law, and proceed to the analysis of the legal constructs associated with offences committed by corporations in the broad sense of the term, and the scope of corporate liability in connection with a corporation’s acquisition of property benefits, with particular emphasis on penalties and punitive measures. I sum up by presenting my conclusions and postulates for the changes in Polish law needed in this respect.

Keywords:

corporation; white collar crime; penalties and punitive measures; prejudication.

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Citation rules

Stokłosa, K. (2020). Corporate Liability under the new Provisions in Polish law and the Current Legal Solution: Selected Issues. Zeszyty Prawnicze, 19(4), 205–232. https://doi.org/10.21697/zp.2019.19.4.08

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