Aleksandra Stępniewska | In Principle

W ostatnim czasie media wielokrotnie informowały o zatrzymaniach prezesów, członków zarządów, dyrektorów spółek. W przestrzeni publicznej pojawiał się wówczas szereg pytań o zasadność takich czynności, zwłaszcza wtedy, gdy sądy odmawiały uwzględniania prokuratorskich wniosków o zastosowanie tymczasowego aresztowania.

Compliance programmes are gaining in popularity, in particular in the context of a draft of a new corporate criminal liability act, as a defence precisely against this liability. Primarily, however, compliance should be a tool for ensuring that an organisation functions properly, especially as the number of regulatory requirements is on the rise. To fulfil both functions, a compliance programme must be effective.

The debate about whether implementing and enforcing a compliance programme is a general legal obligation is nothing new. Compliance is a tool for managing an organisation’s operational processes, preventing wrongdoing, and mitigating liability. For this reason, it is an element of the duty to exercise due diligence, with penalties not only of a criminal nature.

The proposal for a new Act on Criminal Liability of Collective Entities published on 28 May 2018 on the Government Legislation Centre website indicates a sea change in the approach to corporate criminal responsibility in Poland. The aim is to achieve more effective punishment of commercial and fiscal offences committed through corporate entities. This is apparent in the wide range of sanctions that could be imposed on collective entities.

Client confidentiality is an inherent element and fundamental duty in the legal profession. It is the cornerstone of the relationship legal professionals build with their clients. It also a guarantee of protection of the rights of the parties in judicial proceedings, including the right to a fair trial. But what is legal professional privilege? Can anything limit it? And is it losing strength in today’s reality?

Introducing and applying internal procedures for combating corruption is becoming a legal obligation for businesses. The regulations identify the necessary elements of compliance programmes but do not propose specific solutions. Recommendations and best practice can fill the gap.

A new law introducing an obligation to establish anticorruption compliance procedures entered into force in France on 1 June 2017. The impact of the law may be broader than it might seem at first glance.

With the fight against economic crime, criminal law increasingly intrudes into the sphere of business. Under proposed legislation, an enterprise used to commit an offence could be confiscated.

Can evidence from an internal investigation be used in court?

There are numerous legal tools for fighting corruption. But do they offer an effective remedy for a socioeconomic affliction?

Proper preparation of a financial report and filing the report with the registry court is the duty of the members of the management board of a company or the partners conducting the affairs of a partnership. Failure to comply with this duty is subject to

A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.