Anti-bribery convention

Poland: Law on Liability of Collective Entities for Acts Prohibited under Penalty (as amended in 2005)

 

 

J.L.02.197.1661 (as amended)

ACT

of 28th October 2002

on Liability of Collective Entities for Acts Prohibited under Penalty.

(Journal of Laws of 27th November 2002)

Art. 1. The Act sets forth the principles defining the liability of collective entities for acts prohibited under penalty, i.e. offences or fiscal offences, and the principles to govern the procedure to be followed in matters of such liability.

Art. 2. 1. A collective entity, as understood in the Act, denotes a legal person and/or organisational entity without personality at law for which specific legal provisions grant legal capacity, except for the State Treasury, local self-government units and their associations.

 

2. A collective entity, as understood in the Act, also denotes a commercial company with equity participation of the State Treasury, a local self-government unit or an association thereof, a commercial company in organisation, an entity in liquidation, and an entrepreneur other than a natural person, as well as a foreign organisational entity.

Art. 3. The collective entity shall be liable for a prohibited act consisting in conduct of a natural person who:

   1)   acts in the name or on behalf of the collective entity under the authority or duty to represent it, to make decisions in its name, or to exercise internal control, or whenever such person abuses the authority or neglects the duty,

   2)   is allowed to act as the result of abuse of the authority or neglecting of the duty by the person referred to in point 1 above,

   3)   acts in the name or on behalf of the collective entity on consent or at the knowledge of the person referred to in point 1,

   4)   repealed

- if such conduct did or could have given the collective entity an advantage, even of non-financial nature.

Art. 4. The collective entity shall be held liable, if perpetration of a prohibited act listed in article 16, by the person referred to in Art. 3, has been acknowledged in a valid and final convicting judgement, judgement on conditional discontinuation of penal proceedings or proceedings with regard to a  fiscal offence, decision to leave such person a voluntary submission to liability, or a decision to discontinue the proceedings for circumstances excluding prosecution of the perpetrator.

Art. 5. The collective entity shall be held liable if the offence has been committed in the effect of at least absence of due diligence in electing the natural person referred to in Art. 3.2 or 3.3, or of at least the absence of due supervision over this person, by an authority or a representative of the collective entity.

Art. 6. Neither the existence nor non-existence of liability of the collective entity under the principles set forth in this Act shall exclude civil liability for the inflicted damage, administrative liability, or personal legal responsibility of the perpetrator of the prohibited act.

Art. 7. 1. A collective entity shall be sentenced to a fine between 1000 and 20.000 000 PLN but no more than up to 10% of the revenue generated in the tax year when the offence which is a ground for the collective entity’s liability was committed.

2. The revenue referred to in point 1 shall be assessed on the basis of the financial report written out by the collective entity or on the basis of the summation of entries in the financial books, as pointed out in the art.3.4 of the Law 1997, August 29 - tax ordinance (Journal of Laws of 2005, No 8, item 60 with further amendments).

3. repealed

Art. 8. 1. The collective entity is further decreed the forfeiture of:

   1)   the objects coming, even indirectly, from the prohibited act, or objects used or designated for use as the tools of perpetrating the prohibited act;

   2)   the financial gains originating, even indirectly, from the prohibited act;

   3)   the amount equivalent to the objects or financial benefit coming, even indirectly, from the prohibited act.

2. The forfeiture specified in paragraph 1 above shall not be decreed, if the object, financial benefit, or amount equivalent thereto are due for restitution to another entitled entity.

Art. 9. 1. The collective entity can be penalised with:

   1)   the ban on promoting or advertising the business activities it conducts, the products it manufactures or sells, the services it renders, or the benefits it grants;

   2)   the ban on using grants, subsidies, or other forms of financial support originating from public funds;

   3)   the ban on using the aid provided by the international organisations the Republic of Poland holds membership in;

   4)   the ban on applying for public procurement contracts;

   5)   the ban on pursuing the indicated prime or incidental business activities;

   6)   public pronouncement of the ruling.

 

2. The bans listed in paragraph 1.1-5 are imposed for any period between 1 and 5 years, and are adjudicated in years.

 

3. The ban referred to in paragraph 1.5 shall not be imposed, if it could lead to bankruptcy or liquidation of the collective entity, or layoffs discussed in Art. 1 of the Act of 13th March 2003 on special principles of terminating employment for reasons relating to the employer (Journal of Laws of 2003 No. 90, it. 884 with further amendments).

Art. 10. When adjudicating the fine, imposing the bans or pronouncing the ruling in public the court shall consider in particular weight of irregularities in electing or supervising mentioned in art. 5, the size of the advantages obtained or possible to obtain by the collective entity, its financial situation and social consequences of the penalty and an influence of punishment on further functioning of the collective entity.

Art. 11. 1. When adjudicating the fine or forfeiture the court shall recognise any valid judgement pronouncing the collective entity secondarily liable to bear the fine or the execution of forfeiture of financial equivalent of objects, ruled against the natural person referred to in Art. 3 for the fiscal offence identified in the Fiscal Penal Code.

2. When ruling the forfeiture of the financial gains or an equivalent thereof the court shall recognise any valid judgement issued on the basis of Art. 52 of the Penal Code or Art. 24 § 5 of the Fiscal Penal Code that obliges the collective entity to refund the financial gains obtained through the offence of the natural person referred to in Art. 3.

Art. 12. In particularly justified cases, when the prohibited act that made the collective entity liable has not brought any benefit to the entity, the court may wave a fine and limit itself to ruling the forfeiture, ban, or public pronouncement of the judgement, though subject to the regulations of Art. 8.2 and Art. 11.

Art. 13. If prior to the expiration of a 5-year period following the adjudication of the fine the prohibited act that gave rise to the liability of the collective entity reoccurs, the entity may be fined in any amount up to the upper law-defined penalty limit increased by half; the regulation of Art. 9.3 shall not apply.

Art. 14. No fine, forfeiture, ban, or public pronouncement of the ruling shall be adjudicated against the collective entity 10 years after the issuance of the decision referred to in Art. 4.

Art. 15. No fine, forfeiture, ban, or public pronouncement of the ruling shall be carried out 10 years after the judgement pronouncing the collective entity liable for the prohibited act threatened with penalty became final.

Art. 16. 1. The collective entity shall be held liable under this Act, if the person referred to in Art. 3 committed an offence:

   1)   against economic relations provided for in:

a)  Art. 296, Art. 297-307 and Art. 308 of the Penal Code,

b)  Art. 224-232 of the Act of 22 May 2003 on insurance activities (Journal of Laws No. 124, it. 1151; as amended),

c)   Arts. 38-43a of the Act of 29th June 1995 on bonds (Journal of Laws from 2001 No. 120, it. 1300),

d)  Art. 171 of the Act of 29th August 1997 - the Banking Law (Journal of Laws from 2002 No. 72, it. 665; No. 126, it. 1070; No. 141, it. 1178; No. 144, it. 1208; No. 153, it. 1271, and No. 169, its. 1385 and 1387),

e)   Arts. 303-305 of the Act of 30th June 2000 - the Industrial Property Law (Journal of Laws from 2001 No. 49, it. 508; and from 2002 No. 74, it. 676; No. 108, it. 945; No. 113, it. 983; and No. 153, it. 1271),

f)   Arts. 585-592 of the Act of 15th September 2000 - the Code of Commercial Companies (Journal of Laws No. 94, it. 1037, and from 2001 No. 102, it. 1117),

g)   Art. 33 of the Act of 29th November 2000 on foreign trade in goods, technologies, and services of strategic significance for the security of the state and for keeping international peace and security, and on amendments to selected laws (Journal of Laws No. 119, it. 1250; from 2001 No. 154, it. 1789; and from 2002 No. 41, it. 365; No. 74, it. 676; and No. 89, it. 804),

h)  Arts. 36 and 37 of the Act of 22nd June 2001 on pursuing business activities in the area of manufacturing and trading in explosives, arms, ammunition, and products and technologies designated for military or police purposes (Journal of Laws No. 67, it. 679; and from 2002 No. 74, it. 676; and No. 117, it. 1007);

 

   2)   against money and securities trading, as provided for in:

a)  Arts. 310-314 of the Penal Code,

b)  Arts. 178-180 of the Act of 29 July 2005 on trading in financial instruments (Journal of Laws No. 183, it. 1538),

c)   Art. 37 of the Act of 29th August 1997 on mortgage bonds and mortgage banks (Journal of Laws No. 140, it. 940; from 1998 No. 107, it. 669; from 2000 No. 6, it. 70; and No. 60, it. 702; from 2001 No. 15, it. 148; and No. 39, it. 459; and from 2002 No. 126, it. 1070; and No. 153, it. 1271);

 

   3)   of bribery and paid patronage, as provided for in Arts. 228-230a, Art. 250a, Art. 296a and Art. 296b of the Penal Code;

 

   4)   against data protection, as provided for in Arts. 267-269 of the Penal Code;

 

   5)   against reliability of documents, as provided for in Arts. 270-273 of the Penal Code;

 

   6)   against property, as specified in Arts. 286 and 287, and in Arts. 291-293 of the Penal Code;

 

   7)   against sexual freedom and good morals, as specified in Art. 200 § 2, Art. 202, and in Art. 204 of the Penal Code;

 

   8)   against the environment, as specified in:

a)  Arts. 181-184 and Arts. 186-188 of the Penal Code,

b)  Art. 34 of the Act of 11th January 2001 on chemical substances and preparations (Journal of Laws No. 11, it. 84; No. 100, it. 1085; No. 123, it. 1350; and No. 125, it. 1367; and from 2002 No. 135, it. 1145; and No. 142, it. 1187),

c)   Art. 69 of the Act of 27th April 2001 on wastes (Journal of Laws No. 62, it. 628; and from 2002 No. 41, it. 365; and No. 113, it. 984),

d)  Arts. 58-64 of the Act of 22nd June 2001 on genetically modified organisms (Journal of Laws No. 76, it. 811; and from 2002 No. 25, it. 253; and No. 41, it. 365);

 

   9)   against public law and order, as specified in Arts. 252 and 253, Arts. 256-258, Art. 263 and Art. 264 of the Penal Code;

 

10)   consisting in an act of unfair competition, as defined in Arts. 23  24b of the Act of 16th April 1993 on combating unfair competition (Journal of Laws No. 47, it. 211; from 1996 No. 106, it. 496; from 1997 No. 88, it. 554; from 1998 No. 106, it. 668; from 2000 No. 29, it. 356; and No. 93, it. 1027; and from 2002 No. 126, its. 1068 and 1071; and No. 129, it. 1102);

 

11)   against intellectual property, as specified in Arts. 115-1181 of the Act of 4th February 1994 on copyright and related titles (Journal of Laws from 2000 No. 80, it. 904; from 2001 No. 128, it. 1402; and from 2002 No. 126, it. 1068).

 

2. The collective entity shall also be held liable under this Act if the person referred to in Art. 3 committed a fiscal offence:

 

                1) against tax duties and the obligation to account for grants or subsidies, as defined in art. 54 § 1 i 2, art. 55 § 1 i 2, art. 56 § 1 i 2, art. 58 § 2 i 3, art. 59 § 1-3, art. 60 § 1-3, art. 61 § 1, art. 62 § 1-4, art. 63 § 1-4, art. 64 § 1, art. 65 § 1-3, art. 66 § 1, art. 67 § 1 i 2, art. 68 § 1, art. 69 § 1-3, art. 70 § 1-4, art. 71-72, art. 73 § 1, art. 73a § 1 i 2, art. 74 § 1-3, art. 75 § 1 i 2, art. 76 § 1 i 2, art. 77 § 1 i 2, art. 78 § 1 i 2, art. 80 § 1-3, art. 80a § 1, art. 82 § 1 and art. 83 § 1 of the Fiscal Penal Code;

 

2) against customs duties and the principles of foreign trade in goods and services, as provided for in art. 85 § 1 i 2, art. 86 § 1-3, art. 87 § 1-3, art. 88 § 1 i 2, art. 89 § 1 i 2, art. 90 § 1 i 2, art. 91 § 1-3, art. 92 § 1 i 2, art. 93, 94 § 1 i 2 and art. 95 § 1 of the Fiscal Penal Code.

 

                3) against trade in foreign exchange values as provided for in art. 97 § 1-3, art. 98 § 1, art. 99 § 1 i 2, art. 101 § 1, art. 102 § 1, art. 103 § 1, art. 104 § 1, art. 105 § 1, art. 106 § 1, art. 106a § 1, art. 106b § 1, art. 106c § 1, art. 106d § 1, art. 106i § 1 and art. 106j § 1 of the Fiscal Penal Code.

4) against organization of games of chance and mutual betting as stipulated for in art. 107 § 1-3, art. 107a § 1, art. 108, art. 109 and art. 110 of the Fiscal Penal Code.

 

Art. 17. repealed

Art. 18. repealed.

Art. 19. repealed.

Art. 20. repealed.

 

Art. 21. 1. If, in penal proceedings or proceedings with respect to a fiscal offence against the natural person referred to in Art. 3 for a prohibited act defined in Art. 16, a justified suspicion arises that the act did or could have given the collective entity an advantage, even if not of financial nature, the entity may designate its representative for the proceedings, not later however, than the moment the evidentiary proceedings in the court of first instance are closed.

 

2. The natural person referred to in Art. 3 against whom the penal proceedings or proceedings with respect to a fiscal offence are conducted may not be the representative of the collective entity.

3. Designation of the representative shall be executed in the written form. Art. 119 and Art 120 of the Penal Procedure Code shall be applied accordingly.

4. If, in preparatory proceedings an entity referred to in paragraph 1 is identified, it shall be immediately informed of its rights and obligations referred to in paragraphs 1-3 and in Art. 21a.

5. If the entity referred to in paragraph 1 is identified before closing the evidentiary proceedings in the court of first instance, paragraph 4 shall be applied accordingly.

 

                Art. 21a. 1. In the court proceedings with the participation of the representative of the collective entity, the entity shall possess the rights provided for in art. 156, art. 167, art. 171 § 2, art. 350 § 1 pkt 3, art. 352, art. 406, art. 422 § 1, art. 423 § 2, art. 425, art. 444 and art. 459 of the Penal Procedure Code.

 

2. The court may question the representative of the collective entity in the capacity of a witness. The person may refuse giving explanations. The Art. 72, Art. 75, Art. 87 and Art. 89 of the Penal Procedure Code shall be aplied accordingly.

 

3. In the case of exercising the rights stipulated in the Art. 171 § 1 or Art. 406 § 1 of the Penal Procedure Code, the representative of the collective entity may, taking account of the order provided for in Art. 370 § 1 and 406 § 1 of the Penal Procedure Code, question the parties or take the floor after closing the evidentiary proceedings, before the statement of the counsel for defence.

Art. 22. The proceedings concerning the liability of collective entities for the acts prohibited under penalty shall be governed as appropriate by the regulations of the Code of Penal Procedure, unless otherwise provided herein.  The regulations of the Code of Penal Procedure on the private prosecutor, claimant in criminal proceedings, social representative, preparatory procedure, special proceedings, and on criminal procedure in matters falling within the jurisdiction of the military court shall not apply.

Art. 23. The burden of proof rests with the party that files the evidence.

Art. 24. 1. The matters of liability of collective entities for acts prohibited under penalty shall, in the first instance, fall under the jurisdiction of the regional court in whose territory the prohibited act was committed, and if such act was perpetrated in the territories falling under the jurisdiction of several courts, or on board of a Polish vessel or air-craft, or abroad, the matter shall be tried by the local court competent for the registered seat of the collective entity and in the case of a foreign organisational entity for the registered seat of its agency in the Republic of Poland.

 

2. Appeals from rulings and judgements, and from orders that prevent the issuance of the ruling shall be tried by the competent district court under the regulations of the Code of Penal Procedure; appeals from other decisions, orders or acts shall be considered by the regional court of a different though equivalent composition.

Art. 25. The Court of Appeal, on request of the local court, may refer any matter to be tried by the provincial court in the first instance in recognition of its particular gravity or complexity.  The provision of Art. 24.2 shall apply to the court of appeal or provincial court, respectively.

Art. 26. In order to safeguard the proper course of the proceedings even before they are initiated, a motion can be filed with the competent court requesting the decision to secure the potential penalty or forfeiture on the assets of the collective entity.

Art. 27. 1. The proceedings are instituted on the motion of the prosecutor or petition of the injured party, though subject to the provisions of paragraph 2 below.

 

2. In cases where the cause of the liability of the collective entity is a prohibited act the law considers an act of unfair competition, the proceedings can also be initiated on the motion from the President of the Competition and Consumer Protection Office.

Art. 28. The motion filed by the injured party shall be produced and signed by the person qualified to advocate the cause under the regulations on the Bar system or the person qualified to render legal assistance under the regulations on legal advisors.

Art. 29. The motion shall state:

   1)   the identity of the mover, and its address for service of process;

   2)   the identity of the collective entity and its address for the service of process;

   3)   the precise definition of the prohibited act that gives rise to the liability of the collective entity including the circumstances provided for in Arts. 3 and 5;

   4)   the indication of the valid ruling or another decision referred to in Art. 4, with the identity of the court or body that issued the ruling or decision;

   5)   the indication of the court competent to try the case;

   6)   the grounds;

   7)   the list of evidence the mover requests to be heard at the main trial.


Art. 30. The motion shall be appended with the decision referred to in Art. 4 together with the grounds thereof, if given in writing.

Art. 31. The motion is subject to preliminary verification by the court; the regulations of the Code of Penal Procedure on preliminary verification of the accusation apply as appropriate, except for the fact that the parties' participation in the session is not mandatory.

Art. 32. If the prosecutor and injured party file their motions in one and the same matter, the court shall try the motion from the public prosecution; the court shall decide on admitting the injured party to join the proceedings alongside the prosecution, provided however, the interest of the administration of justice does not prevent it; Art. 53 of the Code of Penal Procedure shall apply as appropriate.

Art. 33. 1. The collective entity is represented in the proceedings by a member of its body authorised to represent it.

 

2. The collective entity may appoint its legal defence from among the persons eligible under the regulations on the Bar system or persons authorised to render legal assistance under the regulations on legal advisors.

3. The person referred to in paragraph 1 has the right to give explanations, may also however, without giving grounds, refuse answering particular questions or refuse giving explanations at all. The person has the right to give explanations with respect to each evidence during trial.

4. The person referred to in Art. 3 may not act on behalf of the collective entity.

5. In case the person referred to in Art. 3 is designated by the collective entity, the court shall order the collective entity to designate another person within 30 days, to represent it.

6. In case another person referred to in paragraph 5 is not designated in the prescribed term, or in case the bodies authorised to represent the collective entity do not act, the court shall designate the counsel for defence ex officio, out of persons indicated in paragraph 2.

Art. 34. 1. Participation in the proceedings is open to: the mover, the injured party admitted to join in the proceedings alongside the prosecutor, the representative of the collective entity, and its defence counsel.

2. No inexcused failure to appear by any party shall defer the trial.

Art. 35. Evidence is admitted on request from the parties, and ex officio, though in justified cases; no evidence obviously aiming at extending the proceedings shall be admissible.

Art. 36. 1. The court determines the facts and legal issues lying within the scope of the motion independently and on the sole discretion basis; the judgements referred to in Art. 4, though, are binding.

2. The judgement possessing validity in law or the pending case are determined on the exclusive basis of the prohibited act the collective entity has been or is to be held liable for.

Art. 37. 1. During the main trial the court may read the minutes of the interviews of the witnesses, interrogations of the accused and alleged offenders, and notifications of crime produced in the course of the proceedings conducted based on separate regulations.

2. During the trial the court may also read reports of inspections, search, and retention of objects, opinions issued by experts, institutes, plants, or institutions, as well as any official documents submitted in the course of the proceedings conducted based on separate regulations.

3. If an act in court proceedings was taken record of in the form of a shorthand report, or an audio or video recording made using technical equipment, such recordings can also be presented at the trial.

Art. 38. 1. Any minutes and/or documents eligible for reading at the trial can be deemed disclosed in their entirety or in part without the actual need to read them; they must, however, be read on request from any of the parties.

2. No request placed by the party such minutes or document do not concern shall prevent considering the minutes or document disclosed even without their reading.

Art. 39. Both the mover and the collective entity enjoy the right to appeal from the judgement given by the court of the first instance.

Art. 40. The cassation can be filed only by the Attorney General or Commissioner for Civil Rights Protection.

Art. 41. 1. In matters concerning the liability of collective entities for acts prohibited under penalty the court and prosecution render legal assistance on request from the relevant agency of the foreign country.

2. In cases where the prohibited action is an action classified by the law as an act of unfair competition, assistance is also rendered by the President of the Competition and Consumer Protection Office.

Art. 42. The execution of the adjudicated fine, forfeiture, bans, and/or public pronouncement of the ruling shall be governed by the relevant regulations of the Penal Code relating to the carrying out of fines, forfeitures, bans, and public ruling pronouncements, provided that the fine shall be paid out of the proceeds of the collective entity.

Art. 43. The judgement establishing the liability of the collective entity for an act prohibited under penalty is cancelled under the operation of the law 10 years after the execution, or remittance, or expiry of the limitation period to execute the fine, forfeiture, bans, and public pronouncement of the ruling.

Art. 44. In the Act of 16th April 1993 on combating unfair competition (Journal of Laws No. 47, it. 211; from 1996 No. 106, it. 496; from 1997 No. 88, it. 554; from 1998 No. 106, it. 668; from 2000 No. 29, it. 356, and No. 93, it. 1027; and from 2002 No. 126, its. 1068 and 1071, and No. 129, it. 1102) Chapter 3a "Entrepreneurs' liability for bribing public officials" is hereby deleted.

Art. 45. In the Act of 10th June 1994 on public procurement (Journal of Laws from 2002 No. 72, it. 664, and No. 113, it. 984), Art. 19.1.6 is hereby given the following reading:

"6)    the collective entities the court has penalised with the ban on applying for public procurement contracts based on the Act of 28th October 2002 on liability of collective entities for acts prohibited under penalty (Journal of Laws No. 197, it. 1661),".

Art. 46. In the Act of 24th May 2000 on the National Penal Register (Journal of Laws No. 50, it. 580; from 2001 No. 56, it. 579; and from 2002 No. 74, it. 676) the following amendments are hereby introduced:

   1)   Art. 1 is supplemented with paragraph 3 to read as follows:

"3.     The Register also holds records of the collective entities validly sentenced to fine, forfeiture, ban, or public pronouncement of the ruling based on the Act of 28th October 2002 on liability of collective entities for acts prohibited under penalty (Journal of Laws No. 197, it. 1661),";

   2)   Art. 4.1.1, 4.1.2, and 4.1.3 are supplemented with the phrase: "and data of collective entities" after each phrase: "personal data";

   3)   Art. 5 is supplemented with the phrase "and data of collective entities" after the phrase: "personal data";

   4)   The heretofore text of Art. 6 becomes paragraph 1, and a new paragraph 2 is added to read as follows:

"2.     The provisions of paragraphs 1.1, 1.4-9, and 1.11 apply respectively to obtaining the information on the collective entities recorded in the Register.";

   5)   The heretofore text of Art. 7 becomes paragraph 1, and a new paragraph 2 is added to read as follows:

"2.     Every collective entity enjoys the right to enquire and obtain information on whether it has a record in the Register. The entity whose record is kept in the Register database can, on its request, be disclosed the information on the content of all records concerning the entity.";

   6)   Art. 10.1 is supplemented with the phrase: "and data of the collective entities referred to in Art. 1.3," after the phrase: "referred to in Art. 1.2,";

   7)   Art. 11:

a)  paragraph 1:

   the phrase: "or data of collective entities" is inserted following the phrase: "personal data",

   the full stop in point 2 is replaced with a comma, and a new point 3 is added to read:

"3)    notification concerning a collective entity.",

b)  paragraph 2 is supplemented with the phrase: ", or with respect to the collective entity referred to in Art. 1.3" following the phrase: "Art. 1.2.1-7";

c)   a new paragraph 4 is added to read:

"4.     The notification concerning the collective entity is produced by the body executing the rulings in penal proceedings dealing with cases of offences and fiscal offences.";

   8)   Art. 12:

a)  paragraph 1 is supplemented with the phrase: "relating to the person" after the word: "registration",

b)  a new paragraph 1a is inserted following paragraph 1, to read as follows:

"1a.     The Register record of the collective entity shall contain the following data of the collective entity:

1)      the identity of the collective entity and its registered address,

2)      the identity of the court, which gave the ruling, and the case file number,

3)      the dates the ruling was issued and became finally valid,

4)      the imposed fine, forfeiture, ban, and public pronouncement of the ruling,

5)      the legal qualification of the prohibited act perpetrated by the natural person, which gave rise to the liability of the collective entity,

6)      the first and last names, position, and signature of the person producing the record.",

c)   a new paragraph 2a is added following paragraph 2, to read as follows:

"2a.     The notification concerning the collective entity shall contain the data listed in paragraph 1a.1, 2, and 6, and the information on:

1)      execution of the fine, forfeiture, bans, and publication of the ruling referred to in Arts. 7, 8, and 9 of the Act of 28th October 2002 on liability of collective entities for acts prohibited under penalty,

2)      cancellation of the ruling establishing the liability of the collective entity for the act prohibited under penalty,

3)      liquidation of the collective entity with a record in the Register.";

   9)   The full stop in Art. 13.3 is replaced with a comma, and point 4 is added to read as follows:

"4)    Register record cards and notifications containing information on the collective entities held liable under the regulations of the Act of 28th October 2002 on liability of collective entities for acts prohibited under penalty.";

10)   Art. 14.1 is supplemented with the phrase: "and the data of the collective entities referred to in Art. 1.3," after the words: "Art. 1.2.1-4, and 7,";

11)   Art. 17 is given the following reading:

"Art. 17.       The Minister of Justice shall, in an ordinance, define the terms, including technical and organisational conditions, and the manner of recording personal data and data of collective entities in the Register, and of deleting such data from the Register, considering the need to ensure efficient operation of the Register and securing the personal data and the data of collective entities stored there from unauthorised access, unauthorised use, damage, or destruction.";

12)   Art. 18.1 is supplemented with the phrase: "or data of the collective entities" following the words: "personal data";

13)   Art. 19:

a)  paragraph 1 is supplemented with the words: "paragraph 1" after the phrases: "Art. 6" and "Art. 7",

b)  a new paragraph 1a is inserted after paragraph 1, to read as follows:

"1a.     Information on the collective entity based on the data of the entity stored in the Register record is given in reply to the enquiries from the entities listed in Arts. 6.1.1, 6.1.4-9, and 6.1.11, or on request from the entity referred to in Art. 7.2.",

c)   a new paragraph 2a is inserted after paragraph 2, to read as follows:

"2a.     The enquiry about the collective entity should contain:

1)      the identity of the collective entity and its registered address,

2)      the type and scope of the collective entity data to be given in the information,

3)      the indication of the proceedings that give rise to the need to obtain the data on the collective entity,

4)      the name of the entity filing the enquiry,

5)      the issuance date,

6)      the signature of the judge, prosecutor, or authorised person, or body of the entity filing the enquiry.",

d)  paragraph 3 is given the following reading:

"3.     The enquiry from the person referred to in Art.7.1 for information from the Register should state: the last name, including any adopted name, the first and middle names, maiden name, date and place of birth, parents' names, mother's maiden name, residence, nationality, and PESEL number and signature of the enquirer.  The enquiry from a collective entity referred to in Art. 7.2 should contain the identity of the entity and its address.  If the enquiry form does not specify the type or scope of the data to be included in the information, the reply should contain a copy of all the records concerning the enquirer stored on the record cards and notifications.";

14)   The heretofore text of Art. 20 becomes paragraph 1, and a new paragraph 2 is added to read as follows:

"2.     The information on the collective entity produced based on the records in the Register shall contain:

1)      the identity of the collective entity and its registered address,

2)      the data concerning the collective entity within the scope indicated in the enquiry or application, or the statement informing the collective entity has no record in the Register,

3)      the issuance date,

4)      the first and last names of the person authorised to issue the information,

5)      the official seal.";

15)   Art. 21 shall read as follows:

"Art. 21.       The Minister of Justice shall, in an ordinance, define the terms, method, and manner of issuing information on the persons and on collective entities based on the data stored in the Register considering the need of providing such information, in specific cases, also by means of equipment designed for automatic data transmission, and shall also determine the sample form of the enquiry about a person, as referred to in Art. 19.2, the sample form of the enquiry about a collective entity, as referred to in Art. 19.2a, the sample form of the information on the person referred to in Art. 20.1, and the sample form of the information on the collective entity referred to in Art. 20.2.";

16)   Art. 23 shall read as follows:

"Art. 23.       The information on the person referred to in Art. 20.1, and the information on the collective entity referred to in Art. 20.2 constitute a certificate as understood in the regulations of Section VII of the Code of Administrative Procedure.";

17)   Art. 24 shall read as follows:

"Art. 24. 1.         The issuance of a Register information on a person is charged a fee included in the state budget income.  Fee exemption is granted to the entities listed in Art. 6.1.1-9 and 6.1.11.

2.      The issuance of a Register information on a collective entity is charged a fee included in the state budget income.  Fee exemption is granted to the entities listed in Art. 6.1.1, 6.1.4-9, and 6.1.11.

3.      The Minister of Justice shall, in an ordinance, determine the amount of the fees referred to in paragraphs 1 and 2 considering the actual cost of issuing such information.";

18)   Art. 25 is supplemented with the phrase: "or information on the collective entity" after the words: "information on the person".

Art. 47. Until implementation regulations are issued based on the authority amended herein, the heretofore regulations shall remain in force, provided however, they are not in contradiction with this Act.

Art. 48. This Act shall come into effect 12 months following its publication date.

 

 

 

 

 

Related Documents