Criminal Law Challenges for Business in Poland

The discussion begins with an exploration of who can bear criminal liability in Poland, emphasising the principle of guilt and the presumption of innocence until proven guilty. The speakers elaborate on the penalties for individuals under the Polish Criminal Code and the rare application of criminal liability to companies, regulated by the Act on Criminal Liability for Collective Entities.

The conversation moves on to specific offences, starting with managerial offences committed by individuals in positions of authority. The speakers touch upon misappropriation of company funds, fraud, and managerial corruption, underscoring the importance of understanding general criminal risks and sector-specific challenges.

A significant portion of the discussion revolves around environmental law, highlighting the increasing focus on environmental offences in recent years. The speakers emphasise the potential consequences for both companies and individuals, even without a prior conviction. They discuss financial penalties and the government's discussions about changing the concept of corporate liability.

The conversation then turns to corruption, covering definitions under Polish law, including bribery and kickbacks. The speakers emphasise that bribery is not limited to the public sector, with business-to-business relations also subject to prosecution for corruption.

Employment-related criminal risks are also discussed, encompassing labour law violations and the importance of employers fulfilling their obligations to avoid imprisonment. The speakers touch on various crimes related to labour law, emphasising the responsibility of employers for occupational health and safety.

The discussion widens to include personal data protection under the General Data Protection Regulation (GDPR) and intellectual property rights. Cybercrimes, particularly business email compromise and invoice fraud, are explored, emphasising the need for swift action upon discovering fraudulent activities.

Tax crimes, such as evasion and false tax data, are also briefly discussed, leading to a summary of the criminal risks associated with handling personal data and tax-related matters.

To conclude, the speakers offer valuable advice for entrepreneurs to minimise criminal risks. They stress the importance of building a compliant culture among employees, implementing compliance values, and setting an example from the top. Internal procedures, due diligence, and proactive measures are recommended to prevent criminal offences.

In the event of criminal risks materialising, the speakers advise seeking a trusted advisor with expertise in both legal provisions and crisis management. They emphasise the significance of communication to protect the company's overall image during such challenging times.