Corporate criminal liability: A brief guide for all concerned
Every day, news outlets around the world report on corporate scandals and investigations, money laundering through shell companies in tax havens, arrests of executives, and multi-million-dollar settlements with prosecutors by big market players. Is this symptomatic of setbacks in the fight with corporate criminality, or is enforcement improving and uncovering more crime?
Acquittal of a drunk driver does not exclude civil liability
In December 2020, the European Court of Human Rights issued its judgment in Papageorgiou v Greece (application No. 44101/13), holding that despite his prior acquittal, the imposition of civil liability on a driver for causing an accident under the influence of alcohol did not violate the presumption of innocence. The case provides an opportunity to discuss how the outcome of criminal proceedings impacts drunk drivers’ liability for damages.
Understandable information for detainees
A document handed over (or worse, merely shown) to a detainee upon detention may not be comprehensible. This is not only a Polish problem. In other EU countries as well, guidance given to detainees leaves a lot to be desired. Hence, the idea for lawyers and plain-language specialists to join forces to create new sample guidance for detainees.
Post-Brexit cooperation in criminal justice
The EU provides tools for efficient police and judicial cooperation in criminal matters. But those instruments may no longer be available to the authorities if there is a hard Brexit.
Getting ready for dawn raids
It is September 2020—hopefully a post-pandemic world. Your company has successfully weathered the storms of crisis, and social and economic life is slowly recovering its previous pace. Most people work at the office again, and you are on your way there. Before arriving at 9 am, you usually stop by the corner coffee place to have a morning espresso and browse the daily news. But at 8:15 am you get a call from the office. It is the receptionist, saying that the company has been approached by agents requesting to inspect the company’s files and computer system. You get to the office and find a few men waiting in black suits. They present a warrant and insist on starting the inspection immediately. It is a dawn raid. And the question is whether you are prepared to handle it.
Coronavirus and business crime
Fraud is a lurking underside of the pandemic, requiring vigilance and preventive measures.
Denial of entry is just the start of problems
Perpetrators of border offences aren’t all human traffickers or smugglers of goods. Increasingly they are citizens of third countries wishing to travel around the EU for study, work, or tourism. To facilitate obtaining a visa or an extension of their stay, they may use the services of intermediaries who don’t always operate lawfully. Visitors risk a lot this way. If the Border Guard finds that a passport or visa is falsified, the holder may not only be denied entry into an EU member state, but may also be convicted of a criminal offence and have their details entered in registers, hindering future travel in the Schengen zone. How can travellers defend themselves in this situation?
Compliance programmes and the operation of law enforcement authorities
Activity of law enforcement authorities concerning irregularities of a criminal nature can result in heavy losses to a company’s finances and image. Certain investigative and procedural measures (such as a search of corporate premises, seizing items or detaining people) can have a negative impact on the company’s business and reputation. The consequences can be even more serious if these measures lead to filing of allegations, indictment and conviction of high-ranking company officials. This is yet another argument for maintaining an effective compliance programme.
Criminal procedure: Third reform, dubious results
On 5 October 2019, the third “fundamental” reform of Polish criminal procedure in the last four years came into force. It is supposed to be faster, fairer and less bureaucratic. We heard the same claims for the changes coming into force on 1 July 2015 and then on 15 April 2016. But court cases have not speeded up. On the contrary, there are more complaints about delays and thus payments from the State Treasury to victims of dilatory proceedings.
Przesłuchanie w postępowaniu karnym – poradnik dla przedsiębiorcy i jego pracowników
Nasi klienci często kontaktują się z nami, gdy oni sami lub ich pracownicy otrzymają wezwanie na przesłuchanie. Często nie wiedzą, dlaczego zostali wezwani. Pytają, jak mogliby się uzyskać informacje, czego dotyczy dana sprawa. Chcieliby wiedzieć, jak takie przesłuchanie przebiega i jakie są ich prawa i obowiązki.
Use of criminal law to combat drug distribution
On 6 June 2019, another amendment to the Pharmaceutical Law came into force. Its aim is to reduce the occurrence of non-availability of medicines. According to the authors of the changes, only more severe penalties and broader penalisation can limit the undesirable occurrence of the reverse distribution chain. However, the first comments on these changes show that the threat of penalties alone may not be enough to achieve this goal. It has been known for some time now that the inevitability of punishment is an indicator of the effectiveness of criminal policy.
Can entrapment help to prosecute companies?
A new Corporate Liability Act which is currently before the Polish Sejm will put criminal law institutions in a new perspective. Certain instruments that were seen as appropriate only with respect to individuals will have to be redirected to be deployed in the case of corporate entities. Once the new laws take effect, corporate entities will be the focus of attention of law enforcement agencies. The new approach will affect among other things police entrapment operations (controlled handing over of a bribe), at the moment usually used with regard to businesspeople.
