The debate about whether implementing and enforcing a compliance programme is a general legal obligation is nothing new. Compliance is a tool for managing an organisation’s operational processes, preventing wrongdoing, and mitigating liability. For this reason, it is an element of the duty to exercise due diligence, with penalties not only of a criminal nature.
One of the basic items that will probably be secured during a law enforcement search is a mobile phone or other electronic device, if there is a “reasonable suspicion” that it may contain information proving that a criminal act has been committed. Mobile phones are an attractive source of information about the holder’s life which investigators can then use as evidence. But what about the confidentiality of correspondence?
The proposal for a new Act on Criminal Liability of Collective Entities published on 28 May 2018 on the Government Legislation Centre website indicates a sea change in the approach to corporate criminal responsibility in Poland. The aim is to achieve more effective punishment of commercial and fiscal offences committed through corporate entities. This is apparent in the wide range of sanctions that could be imposed on collective entities.
An accident on the job generates a range of legal consequences. One of the most serious is the potential for the individual at the employer responsible for occupational health and safety to be held criminally liable.
During criminal proceedings there is a risk that a search will be conducted. Who can search premises and on what basis? Who can be present during the search? At what time of day can a search be held? What happens with items discovered in the search? And is there any appeal against the conduct of a search?
Client confidentiality is an inherent element and fundamental duty in the legal profession. It is the cornerstone of the relationship legal professionals build with their clients. It also a guarantee of protection of the rights of the parties in judicial proceedings, including the right to a fair trial. But what is legal professional privilege? Can anything limit it? And is it losing strength in today’s reality?