经合组织《反贿赂公约》第四阶段波兰两年期后续报告：《公约》和相关法律文书的执行情况

2 © OECD2024. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Member countries oftheOECD. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, tothe delimitationof international frontiers and boundaries and to the name of any territory, city or area. Cover design:© Epitavi / iStock / Getty Images Plus Attribution4.0 International (CCBY4.0) This work is made available under the Creative Commons Attribution4.0 International licence. By using this work, you accept to bebound by the terms of this licence (https://creativecommons.org/licenses/by/4.0/). Attribution–you must cite the work. Translations–you must cite the original work, identify changes to the original and add the following text:In the event of anydiscrepancy between the original work and the translation, only the text of original work should be consideredvalid. Adaptations–you must cite the original work and add the following text:This is an adaptation of an original work by the OECD.The opinions expressed and arguments employed in this adaptation should not be reported as representing the official views oftheOECD or of its Member countries. Third-party material–thelicence does not apply to third-party material in the work. If using such material, you are responsible forobtaining permission from the third party and for any claims of infringement. You must not use the OECD logo, visual identity or cover image withoutexpress permission or suggest the OECD endorses your use of the work. Any dispute arising under this licence shall be settled by arbitration in accordance with the Permanent Court of Arbitration(PCA)Arbitration Rules2012. The seat of arbitration shallbe Paris (France). The number of arbitrators shall be one. Table of contents Poland Phase4: Two-year Written Follow-Up Report Summary and Conclusions.........4Summary of findings...........................................................................................................................4Conclusions of the Working Group on Bribery.................................................................................12Annex. Phase4 Evaluation of Poland Two-Year Written Follow-Up Report by Poland..13Notes......................................................................................................70 PolandPhase4:Two-year WrittenFollow-Up ReportSummary and Conclusions Summary of findings1 1.InDecember2024,Polandsubmitted its Phase4written follow-up report to the OECD WorkingGroup on Bribery in International Business Transactions (Working Group)(see Annex). The reportdescribedPoland’sefforts to implement the70recommendations and to address the follow-up issuesidentified during itsPhase4evaluationofDecember2022. In sum,Polandhas fully implemented10recommendations, partially implemented another19and notimplemented41. 2.On the positive side, Poland enhanceditsanti-money laundering measures. The PublicProsecutor’sOffice (PPO)issuedinternal guidelines to address issuesconcerning prosecutorial practice.Anew law onwhistleblower protectioncame into force.Two new foreign bribery investigations have been opened andone case is pending in court. Enforcement may further increase due to the PPO’s efforts and steps toenhance the detection of foreign bribery through media reports. 3.Gravelyconcerning,however, isthat Poland did not take meaningful stepstoimplement the vastmajority of the Working Group’s recommendations.The vast majorityof the recommendations are not evenpartially implemented.This includes all ofthe recommendations concerning prosecutorial and judicialindependence under Article 5 of the Convention. The Minister of Justice remains the Prosecutor Generaland thus still dominates the Prosecutor’s Office and can influence the functioning of the courts. The Ministerand the National Prosecutor continue to be able to disclose information on ongoing investigations forvaguely defined reasons and to anyrecipients. The legislature commendably passed a law in July 2024 toensure that the majority of the National Council of Judiciary is elected without the influence of the executiveand legislative branches. But the President of the Republic declined to sign the law and instead sent it tothe Constitutional Court for revision. No steps have been taken to exclude executive influence in theappointment, discipline and removal of prosecutors. 4.Equallyconcerning are further unaddressed shortcomings that severely undermine Poland’scompliance with the Convention. Corporate liability remains virtually impossibleas it requires a naturalperson’s conviction. Poland has no national strategy to fight foreign bribery. The Ministry of Foreign Affairsappears disinterested in detecting or raising awareness of foreign bribery. Remedies for whistleblowerswho suffer retaliation under the new whistleblowing law are inadequate. Poland’s follow-up report wassubmitted late and lac