Klauzula niekaralności sprawcy przekupstwa zawiadamiającego o nim instytucje ścigania

Abstract

Corruption is a serious social problem. With the view to combating it the legislator adopts various legal measures. One of them is a privilege of impunity established by law to the benefit of an offender of active bribery who reported to a penal prosecution agency the fact that an offender of venality had received a benefit resulting from corruption before the agency found out that the crime had been committed and revealed its crucial circumstances. However, this legal solution has aroused some doubts as to possibilities of achievement of its objectives. In particular, it is not certain whether it is capable of breaking the criminal solidarity between the giver and recipient of the bribe. Furthermore, there are some controversies related to the conformity of the impunity clause to general legal standards.