THE POLISH LEGAL MODEL OF COLLECTIVE SUBJECTS’ LIABILITY CREATED BY THE STATUTE OF THE 28TH OF OCTOBER 2002 ON LIABILITY OF COLLECTIVE SUBJECTS FOR THE ACTS FORBIDDEN UNDER A PENALTY (SELECTED ASPECTS)

Abstract

The Authors deal with the issue of liability of collective subjects in Poland in the light of the provisions of the Statute of the 28th of October 2002 on Liability of Collective Subjects for the Acts Forbidden under a Penalty (Journal of Laws of the Republic of Poland of the 27th of November 2002 No 197, item 1661 with subsequent amendments). They analyze and consider the principles and legal features of the above mentioned liability trying to determine its character. Is it criminal liability or not? In their opinion (presented among some other opinions found in Polish professional legal literature) the liability of collective subjects is quasi-criminal. The Authors also present the catalogue of possible sanctions threatening to collective subjects for breach the law within the scope indicated by the statute. In addition, the Authors want to approximate the scale of analyzed liability by showing a number of cases in which collective subjects were sentenced by courts to penalties. Keywords: Acts Forbidden under a Penalty, liability, collective subjects.