Jakub Znamierowski: Dead Law, or Punishing Companies
The article discusses the ineffectiveness of Polish laws designed to hold corporations accountable for criminal acts, stating that such laws have become obsolete.
Over 20 years ago, Poland introduced laws aimed at enabling the punishment of corporate entities for criminal acts committed on their behalf or within their structure. However, these laws are poorly written and have proven to be ineffective in practice, with any changes made over the years being largely marginal and failing to influence their implementation. This raises serious concerns regarding corporate accountability in Poland and the enforcement of legal penalties against corporations.
Efforts made in 2018 and 2022 to fundamentally restructure the approach to prosecuting and punishing companies for crimes have been largely unsuccessful. The initiatives faced what the author describes as unjustified criticism from certain groups opposing the expansion of corporate liability for misconduct. Consequently, the responsibility of corporate entities in Poland has virtually become nonexistent, as they evade prosecution and remain unpunished for serious crimes, such as corruption and tax offenses.
The implications of this situation highlight a significant gap in Poland's legal framework concerning corporate crime, posing risks not only to the integrity of the legal system but also to the ethical business landscape. The blog emphasizes the urgent need for an overhaul of laws governing corporate liability to ensure that companies can be held accountable for illegal actions and to foster a more ethical corporate environment in the country.