liability of collective entities

Publications - liability of collective entities

economic offences

Enforcement proceedings against a collective entity

The Act on the Liability of Collective Entities for Acts Prohibited under Penalty does not introduce separate, independent regulations regarding enforcement proceedings. Article 42 explicitly states that the provisions of the Criminal Enforcement Code shall apply accordingly to the enforcement of financial penalties, forfeitures, prohibitions, obligations to repair damage or compensate for harm suffered, and […]

Can greenwashing pose a risk of criminal liability?

In recent years, increasing attention has been paid to environmental issues. This is reflected not only in EU legislation, but also in the lifestyles and purchasing habits of a growing number of people. Not surprisingly, businesses are also responding to this, both by introducing a range of pro-environmental solutions and by taking care to emphasise […]

Protection of the environment through criminal law in EU

As is well known, one of the issues considered a priority by the European Union is the protection of the environment. EU bodies are consistently taking action to achieve related objectives. Among others, in February this year the European Parliament adopted a resolution on the directive on the protection of the environment through criminal law. […]

Collective entities are to be prosecuted for environmental offences

Law enforcement authorities rarely turn to the possibility of prosecuting collective entities, but this is now set to change. This applies in particular to environmental offences, for which the procedure has already been simplified and sanctions have been tightened.

economic offences

New draft amendment to the Liability of Collective Entities

In November this year, the Polish Ministry of Justice decided to amend the draft amendment to the Liability of Collective Entities for Acts Prohibited under Punishment Act. After many negative comments from theoreticians and legal practitioners, the drafters decided to drop the most controversial of the planned changes.  

Civil claims of the victim in the draft law on liability of collective entities for criminal offences

In August this year, the Polish Ministry of Justice published a draft law very significantly amending the Act on Liability of Collective Entities for Criminal Offences. If this bill enters into force, it will completely change the rules for incurring this type of liability. This blog post is devoted to the idea of adding civil […]

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