If the Draft Act enters into force, it means the end of private property in Poland. All assets may be taken by the state at any time. And without the court being involved.
I have read carefully the Draft Act of 25 May 2018 on liability of collective entities. The content is shocking.
PiS intends to introduce:
- an entrepreneur’s asset forfeiture for every law infringement by a collective entity, for example by a company. It is not required to be sentenced for a crime in order to be proved law infringement (Article 5.3 of the Draft Act).
The forfeiture is pronounced by the court upon the prosecutor’s request also in the case when an entrepreneur made his financial gain unknowingly through criminal activities of other entities. (Article 9)
Entrepreneur’s employees who turn the company in, for example for “non-exercising due diligence” (Article 12(3)), are protected against dismissal and may be paid damages by the company in the amount of up to PLN 1 million.
The prosecutor’s office may, already during the proceedings, introduce the administrative receivership with immediate effect. The court approves the prosecutor’s decision only after the procedure has been already established. The prosecutor may also decide, without the court’s approval, to prohibit concluding contracts, charging the assets, running business activities and to hold a subsidy or a grant (Article 52).
Political parties are subject to the Draft Act!!!! (Article 2)
The Draft Act also applies to actions taken 10 years before it enters into force!!! (Article 30)
If the Draft Act enters into force, it means the end of private property in Poland.
All assets may be taken by the state at any time. And without the court being involved.