Criminal liability for decisions taken | New service

2020.05.18

None of the hastily drafted and introduced acts exempts the management of companies from criminal liability for wrong decisions made during the crisis.

  • The "Shields" are intended to protect against the economic effects of the pandemic, but they do not protect management boards, supervisory boards and other persons entrusted with property management against criminal liability.
  • An incorrect decision in managing assets worth over PLN 200,000 is a potential charge of committing a managerial misconduct. Decisions taken in the face of solvency problems in a company are also a risk of criminal liability for acting to the detriment of creditors. That is why, despite stress and time pressure, we must act carefully.
  • Members of company bodies, property managers, compliance officers, representatives of security departments operating in large enterprises should place even greater emphasis on preventing irregularities and proper risk assessment.
  • Prevention is one of the basic goals of the compliance system, which should ensure efficient operation of the company also in crisis conditions.

We offer support in assessing and minimizing the risk of criminal liability of persons making key economic decisions. We immediately provide opinions and support clients in decision-making processes and crisis management.

Contact our Business Crime and Compliance team:

Janusz Tomczak, Advocate, Partner
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Tel.: +48 22 182 25 32

Damian Tokarczyk, Ph.D., Advocate, Senior Lawyer
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Tel.: +48 22 380 42 62