Selective payment of creditors can be a crime
Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.
Combating corruption: A task for Sisyphus?
There are numerous legal tools for fighting corruption. But do they offer an effective remedy for a socioeconomic affliction?
Sanctions for failure to prepare and file financial reports with the registry court
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
Are Polish companies exporting corruption?
Transparency International reports that Poland is not enforcing the OECD Anti-Bribery Convention.
Appointment of a convicted criminal to a corporate board
Not everyone is qualified to serve on a corporate board. But what happens if a board member is appointed who is not qualified to serve?
Company not criminally liable for an offence by the management board
A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.
Direct payments to farmers are not "grants" but attempting to obtain them improperly may be punishable as fraud
The Polish Supreme Court has held that payments under the EU’s Common Agricultural Policy are a form of financial support, and an attempt to obtain the payments under false pretences is a form of “capital fraud” under the Polish Penal Code.
New law on environmental crimes in force since 10 June 2011
There are now more acts against the environment punishable as crimes. In some cases members of the management board of a company may be held responsible.
Dominika Stępińska-Duch and Janusz Tomczak: When should a law-abiding company seek advice from a criminal lawyer?
Litigation Portal: Why would a business need to be concerned at all about criminal law?
Too-short deadline for appealing against justification issued at a hearing?
The current regulations practically prevent filing an interlocutory appeal against the justification for an order issued by a Polish court during a criminal trial. The Ombudsman has requested the Minister of Justice to look into this issue.
Tougher sanctions for environmental offences
On 14 September 2010 the Polish Government approved the guidelines for an act amending the Penal Code and other acts relating to environmental offences.
New crime in the Penal Code
Stalkers may no longer go unpunished. Under a proposal by the Polish Ministry of Justice, persons guilty of persistent harassment may be sentenced to as much as 12 years in prison.
