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Dr hab. Celina Nowak
ORCID: 0000-0001-5230-1057

Graduate of the Faculty of Law and Administration of the University of Warsaw, as well as postgraduate studies at Université de Paris I – Panthéon – Sorbonne. Since 2016, she has been the Director of the Institute of Law Studies of the Polish Academy of Sciences. Her research focuses on criminal law in an international and comparative perspective. She is the author of 3 monographs, editor and co-editor of 12 books in Polish and English, and author of numerous articles and chapters in Polish, English and French, published in Poland and abroad.

 
DOI: 10.33226/0137-5490.2024.6.3
JEL: K14

November 28, 2023 marks twenty years since the entry into force of the Act of October 28, 2002 on the liability of collective entities for acts prohibited under penalty. This anniversary is a good opportunity to assess the functioning of this Act in the Polish legal system over the past 20 years, based on available statistical data. The starting point for the considerations is the thesis that this Act has no practical significance and is only a facade instrument. The analysis carried out in the article confirms this thesis – the 2002 Act is not de facto applied. Therefore, the article proposes changing the appropriate legal solutions, indicating the direction of the desired modifications.

Keywords: liability of collective entities; criminal law; compliance; corporate criminal liability
DOI: 10.33226/0137-5490.2021.3.2
JEL: K24

On the need to really criminalize corruption in the private sector The article refers to the criminalization of corruptive behaviours in the private sector. It contains a thesis that Art. 296a of the Penal Code does not fulfil the requirements set forth in the international and EU law, as it constitutes an offence of economic corruption, covering corruptive behaviours undertaken both in the private and the public sectors. The aim of the article is to critically analyse the current wording of Art. 296a PC in the light of the international and EU law, as well as to formulate a de lege ferenda proposition of a new wording of this provision, which would finally penalize all corruptive behaviours in the private sector and at the same time put the Polish law in compliance with the international standards.

Keywords: economic corruption; criminalization; corruption in the private sector