Jakub Znamierowski | In Principle
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Corporate criminal liability: A brief guide for all concerned
Every day, news outlets around the world report on corporate scandals and investigations, money laundering through shell companies in tax havens, arrests of executives, and multi-million-dollar settlements with prosecutors by big market players. Is this symptomatic of setbacks in the fight with corporate criminality, or is enforcement improving and uncovering more crime?
Coronavirus and business crime
Fraud is a lurking underside of the pandemic, requiring vigilance and preventive measures.
Compliance programmes and the operation of law enforcement authorities
Activity of law enforcement authorities concerning irregularities of a criminal nature can result in heavy losses to a company’s finances and image. Certain investigative and procedural measures (such as a search of corporate premises, seizing items or detaining people) can have a negative impact on the company’s business and reputation. The consequences can be even more serious if these measures lead to filing of allegations, indictment and conviction of high-ranking company officials. This is yet another argument for maintaining an effective compliance programme.
Searching premises during criminal proceedings
During criminal proceedings there is a risk that a search will be conducted. Who can search premises and on what basis? Who can be present during the search? At what time of day can a search be held? What happens with items discovered in the search? And is there any appeal against the conduct of a search?
Catch for newly appointed management board members?
criminal, corporate, M&A
A gap in legal provisions might mean criminal liability for management board members for not filing financial statements on time.
Tax sanctions imposed on cash transactions over PLN 15,000 from 1 January 2017
new provisions, tax, criminal
As of 2016, the limit for cash transactions is EUR 15,000, and there is no tax sanction for violating this limit. All of this will change from 1 January 2017.
Recent changes in criminal procedure, operational monitoring, and the prosecution system
already in force, criminal
Numerous major changes have entered into force in Poland in recent months in the area of criminal procedure, surveillance of citizens, and how the prosecution system is run.