KONSENSUALIZM PROCESOWY W USTAWIE O ODPOWIEDZIALNOŚCI PODMIOTÓW ZBIOROWYCH WOBEC ZASAD REPREZENTACJI SPÓŁEK KAPITAŁOWYCH
CONSENSUAL; TRIAL CONSENSUALISM IN THE ACT ON LIABILITY OF COLLECTIVE ENTITIES IN THE LIGHT OF PRINCIPLES OF REPRESENTATION OF CAPITAL COMPANIES

Summary/Abstract: This paper discusses the problem of exercising the consensual elements of penal process (i.e. institutions set forth in Articles 335 and 387 of the Polish code of penal procedure, “PCPP”) towards limited liability companies and joint stock companies tried on the basis of the provisions of the Law on 28 October, 2002, as amended, on the liability of corporations for the act forbidden under threat (“LLCAF”). Beginning with an example of the differences between the regimes of representation of the company under the Polish code of commercial companies (“PCCC”, Articles 205 and 373) and Article 33 point 1 of LLCAF, two more general issues are discussed. The first of them is the interference of the provisions of public law (like LLCAF) into the domain of private law (such as PCCC and companies’ articles of association). The second concerns the advantages and disadvantages of the consensual regulations from Articles 335 and 387 of the PCPP, their comparison with the US plea bargaining procedure and the analysis of the risks involved in their application towards limited liability companies and joint stock companies.

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