Who are “Persons holding public office”?
Under the PCC “Persons holding public office” include public officials, members of a local administration agency, persons employed at the organisational unit administering public funds, unless such person solely performs servicing activities (e.g. sanitary, administrative of auxiliary nature); as well as persons whose rights and obligations within public activity are defined or acknowledged by law or international treaty binding on the Republic of Poland. Under the PCC, the following persons are considered as “public officials”:
(i) the President of the Republic of Poland;
(ii) a deputy to the Sejm (the lower house of the Polish parliament), a senator, a councilor;
(iii) a deputy to the European Parliament;
(iv) a judge, a lay-judge, a state prosecutor, officials of the financial authority conducting preliminary proceedings or of its superior body, a notary, a court executive officer (komornik), a professional court probation officer, a person adjudicating in cases of contraventions or in disciplinary authorities operating in pursuance of a law;
(v) a person who is an employee in a state administration, other state authority or local administration, except when he/she performs solely servicing activities (e.g. sanitary, administrative of auxiliary nature), and other persons to the extent which they are authorised to render administrative decisions;
(vi) a person who is an employee of a state auditing and inspection authority or of a local government auditing and inspection authority, except when he/she performs only service-type work;
(vii) a person who occupies a managerial post in another state institution;
(viii) an official of an authority responsible for the protection of public security or an official of the State Prison Service;
(ix) a person performing active military service;
(x) an employee of the International Criminal Court, unless such person provides services only.
Who are “Foreign Service members”?
Foreign Service members are
(i) members of civil service corps employed in the Ministry of Affairs;
(ii) people from outside the civil service corps employed in the foreign service;
(iii) authorised representatives of the Republic of Poland in another state or international organisation, (iv) foreign service members transferred to organisational units in the ministry, who handle the tasks of the Minister for Poland’s membership in the EU.
What is a “Corporate entity”?
A Corporate entity in the meaning of the Law on liability of Corporate entities for penal acts is a corporate body or organisational unit without legal personality, which is given legal capacity under separate provisions, except for the State Treasury, self-government territorial units and their associations.
A Corporate entity in the meaning of the given Law also means a partnership/company with a share of the State Treasury, self-governing territorial unit or association of such units, company in organisation, entity under liquidation, and an entrepreneur who is not a natural person, as well as a foreign organisational unit.
What are “Lesser offences”?
The doctrine states that corruption of a lesser significance is the acceptance of a small benefit, which correlates to circumstances from an act that causes minor social damage. Such circumstances that reduce the social damage of the act include: a relatively low rank of a given public function of the perpetrator and a low nature of need, which must be satisfied in connection with such an act of bribery.
What is a fine?
A fine is imposed at a daily rate by determining the number of rates and the amount of one rate. If the law does not specify otherwise, the lowest number of rates is 10 and the highest 540. When setting the daily rate, the court considers the income of the perpetrator, his/her personal, family and financial situation, as well as, earning capacity; the daily rate may not be lower than PLN 10 or higher than PLN 2,000.
What is “Restriction of liberty”?
The term Restriction of liberty refers to a restriction of at least 1 month and not longer than 2 years: it is imposed in months. When the penalty is imposed, the convicted (i) may not, without the court’s consent, change his/her place of permanent residence; (ii) is obliged to perform community service; and (iii) is obliged to provide explanations with regard to the penalty served. Community service is performed from 20 to 40 hours per month. With respect to an employed person, the court may order, in lieu of supervised community service, a deduction of between 10 % and 25 % of monthly remuneration for a social purpose indicated by the court. While serving the penalty the sentenced person may not terminate their employment without the court’s consent.
What is “A benefit of a high value”?
A benefit of a high value means a benefit the value of which upon the commission of a prohibited act exceeds PLN 200,000 (EUR 1 = approx. PLN 4).
What is “in exchange for infringing the law”?
To date, the doctrine has not developed a uniform interpretation of the expression: “in exchange for infringing the law”. According to the accepted view, this expression only refers to legal acts published in the Journal of Laws, namely laws and regulations, and not orders, instructions and internal law enforcement provisions. Moreover, “infringing law” means a substantial contradiction of an act with binding law, and not its incompliance with provisions regarding the mode of dealing with the case, order, deadlines and form of the act
What is a financial benefit of a high value?
A financial benefit of a high value is defined as a benefit with a value at the time when the prohibited act is committed, exceeding PLN 200,000.
Which items are subject to forfeiture?
(i) items resulting even indirectly from a prohibited act or which were used or designed to commit an offence;
(ii) material benefit resulting even indirectly from an offence;
(iii) equivalence of items or material benefit resulting even indirectly from the offence;
(iv) enterprise owned by the perpetrator or its equivalent if the enterprise served to commit the offence or conceal the benefit derived from it and in the event of conviction for an offence from which the offender has committed, even indirectly, a material advantage of substantial value.
Forfeiture is not imposed if an item, material benefit or their equivalence is subject to be returned to another entitled entity.