POLAND Law and Practice Contributed by: Tomasz Konopka, Katarzyna Randzio-Sajkowska and Jakub Kocuba, Sołtysiński Kawecki & Szlęzak
the profit gained by the person who accepts the bribe. Therefore, this may be an act that increases the assets or reduces the liabilities of the person accepting the bribe. Money and hospitality expenditures, gifts and promotional expenditures, or facilitation payments of con - siderable material value are always classified as material benefits. A personal benefit is understood to be a par - ticular outcome desired by the person accepting the bribe but not necessarily one that involves material gain – for example, a promotion in the workplace, making it possible to participate in an entertainment or sports event, or accepting a job. A personal benefit is assessed subjectively, that is, depending on the specific situation of the perpetrator. Criminal Liability The CC provides for the criminal liability of both the person accepting the bribe (passive corrup - tion) and the person offering (active corruption) it in all types of corruption crimes. Conduct that constitutes an offence is not only the giving and accepting of a material or personal benefit, but also the promise of giving such a benefit or demanding it. Public Corruption For the offence of “public corruption”, the person accepting the bribe must be a person holding a public function (this is a notion broader than that of a “public official”). Under Article 115, Section 19 of the CC, a person holding a public function is a public official; a member of a local govern - ment; a person employed in an organisational entity utilising public funds, unless this person exclusively performs servicing duties; as well as any other person whose public powers and duties are established or recognised by a statute
or an international agreement that is binding for the Republic of Poland. Public officials are a broad category of people including, among others, the President, mem - bers of parliament, members of the European Parliament, senators, judges, prosecutors, nota - ries public and bailiffs, as well as employees of the government administration, local govern - ment, state inspection bodies and services designated for public security, and persons per - forming active military service. Moreover, Polish criminal law envisages criminal liability for the corruption of persons holding public functions in foreign states. The mechanism of liability for this is the same as would be applied to Polish officials. Business Corruption Criminal law provisions also provide for crimi - nal liability for corrupt conduct in business rela - tionships. Similar to the corruption of officials, the objective of business corruption may be a material or personal benefit. Criminal conduct may consist of giving, accepting, demanding, or making a promise of benefits. Both the giver and the receiver of the bribe are subject to criminal liability. It is a crime to corrupt a person holding a mana - gerial function in a business entity or an employ - ee of a business entity in exchange for: • abuse of the powers granted to them; or • the non-performance of their duty, which may cause: • damage to that entity; or • constitute an act of unfair competition or an inadmissible preferential act in favour of a
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