Impunity clause for corruption crimes practical issues

Abstract

The following article touches upon some issues associated with pracitcal aspects of applyingimpunity clause for the corruption crimes in the Polish criminal law system. In particular, issuesconcerning the prerequisites for application of this clause related to the organ authorizedto receive a notification of a corruption crime as set out in Art. 229 6 of the Penal Code,as well as the formal rerquirements of this notification, such as its content and the notifyingperson, were highlighted. The article addressed the problems related to interpretation of theprerequisite of the knowledge of the authorities prior to which the self-accusation is madeby a person who provides or promises a material or personal benefit.Moreover, the interpretation of the regulations was made in respect of a person who cannotbenefit from the impunity clause. A special consideration was given to the procedural attitudeof the person who made the self-accusation in accordance with Art. 229 6 of the Penal Code,and in particular the durability of that attitude.The interpretation of the legal framework was also conducted in the context of determinationthe method of completing the investigation against a person who took advantage of the impunityclause. In addition to procedural issues, statistical data demonstrating the applicationof the above-mentioned institution of criminal law was presented. The international aspectof application of the impunity clause in respect of the perpetrators who corrupted peopleperforming public functions in foreign countries or in the international organizations, wasalso included. In this regard, a standpoint of the Organization for Economic Co-operation andDevelopment (OECD) was indicated, as well as the opinions dissenting from the one presentedby the above-mentioned organization. The article also includes de lege ferenda postulates, theimplementation of which, according to the author, may contribute to improving the applicationof the impunity clause for corruption offences.