POLAND Law and Practice Contributed by: Tomasz Konopka, Katarzyna Randzio-Sajkowska and Jakub Kocuba, Sołtysiński Kawecki & Szlęzak
6. Disclosure Processes 6.1 Disclosure Obligations
• the characteristics and personal conditions of the perpetrator; • the perpetrator’s way of life prior to commit - ting the crime; and • the perpetrator’s behaviour after committing the crime. The court should also take into account the per - petrator’s efforts to redress the damage or to satisfy the public sense of justice in some other form. Conduct of the Harmed Party The court should also bear in mind the harmed party’s conduct. The court also takes into consideration the posi - tive results of mediation between the harmed party and the perpetrator, or a settlement they have reached during proceedings held before a court or public prosecutor. Mitigating and Aggravating Circumstances The recent amendment to the CC introduced a catalogue of examples of behaviours that may constitute mitigating and aggravating circum - stances that the court should take into consid - eration when imposing a sentence. A mitigating circumstance is, for example, compensation for the damage caused, reconciliation with the vic - tim, or voluntary disclosure of a committed crime to law enforcement authorities by an offender. On the other hand, an aggravating circumstance is, for example, taking advantage of a victim’s helplessness, disability, illness or old age, act - ing with particular cruelty, or committing a crime while under the influence of alcohol or intoxi - cants.
Under Polish law, the legal obligation to report a suspected offence applies only to state and local government bodies which, in connection with their activities, become aware of a suspicion that an offence subject to ex officio prosecution (including offences of a corruption nature) has been committed. Failure to comply with this obli - gation may be treated as an offence of official misconduct, which consists of an act by a public official to the detriment of the public or individual interest by exceeding their authority or failing to perform their duties. In addition, specific regulations provide for the obligation to report certain serious crimes. For instance, under banking law, if there is a reason - able suspicion that a bank’s activities are being used to conceal criminal activity, the bank is obliged to notify the enforcement authority with the competence to conduct criminal proceed - ings. With respect to individuals and/or companies, Polish law does not impose such an obliga - tion to report criminal conduct (with exceptions described below). Therefore, in cases of bribery, corruption, influence peddling, etc, the general provisions of the Polish Penal Code and the Polish Code of Criminal Procedure would apply. This means that individuals and/or companies are not obliged to disclose information about their knowledge of violations of anti-bribery and anti-corruption provisions. Although Article 304 Section 1 of the Polish Code of Criminal Procedure provides for a so- called “civic duty” to report any offence, which is prosecuted ex officio by anyone who has knowl - edge that an offence has been committed, this
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