POLAND Law and Practice Contributed by: Tomasz Konopka, Katarzyna Randzio-Sajkowska and Jakub Kocuba, Sołtysiński Kawecki & Szlęzak
the laws and regulations in force in the place where it was committed. However, the forego - ing limitation does not apply to a crime directed against the operation of Polish public offices or the economic interests of the state. Therefore, it is possible for foreigners to be held liable under Polish criminal law for the corruption of Polish officials despite the crime not being committed in Poland. 3.3 Corporate Liability The Act on the Liability of Collective Entities for Acts Prohibited Under Penalty (ALCE) The current ALCE regulates issues regarding the quasi-criminal liability of commercial companies. The ALCE is applicable if a person acting in the name of a company has committed one of the offences specified in the statute and the compa - ny has gained, or could have gained, any benefit from this act, whether financial or not. Hence, in those situations, the same offence might be sub - ject to the liability of both individuals and com - panies. It should be emphasised that it follows from practice to date that the law enforcement bodies do not commence proceedings in every case in which such a possibility arises. Ministry of Justice statistics show that only a couple of dozen proceedings of this type com - mence each year. This figure is very low, espe - cially taking into account the fact that more than 10,000 people are sentenced every year for committing business crimes. Committing any of the following offences may lead to criminal proceedings:
• credit and subsidy fraud; • money laundering;
• crimes related to making repayment of credi - tors impossible and reducing their satisfac - tion; • failure to file a bankruptcy petition on time; and • insider trading. Numerous other offences are specified in other pieces of legislation that regulate specific areas of economic activity. A Legally Binding and Final Guilty Verdict is Required A condition for commencing proceedings against a company is that a legally binding and final guilty verdict against a person acting in the name of the company has been established. There are two other instances where proceed - ings against a company may be commenced: • a verdict that conditionally discontinues crimi - nal proceedings against such an individual; or • a verdict that discontinues criminal proceed - ings by stating that even though the crime has been committed, the perpetrator cannot be punished. Criminal personal liability is always placed ahead of quasi-criminal corporate liability. Liability Under the ALCE Liability under the ALCE may be imposed if one of the following can be proven: • at least a lack of due diligence in the choice of the person representing the entity who is, at the same time, the perpetrator of an offence; or • defective organisation of the company, which did not ensure the avoidance of an offence
• mismanagement; • public corruption; • corruption in business;
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