2025/07/24 by Fila, Krzysztof
#act of unfair competition #economic bribery #managerial bribery #managerial corruption #unacceptable preferential act
paper · doi:10.60677/cpkinp2025.2.3
The interpretation of the elements constituting the prohibited act of managerial corruption, as set out in Article 296 § 1 of the Polish Criminal Code, continues to raise doubts. Central to this controversy is the interpretation of the term “unacceptable preferential act”, which is frequently identified in the literature with the notion of an act of unfair competition. This article presents the results of historical-legal and dogmatic-legal research, focusing on the origins of the regulation and providing an overview of the current state of doctrinal discourse. The author also outlines their own position, which aligns with the economic explanation of the conditions for criminalizing managerial bribery.