Abstract

The article discusses issues related to the scope of criminal sanctions under Article 297 paragraph 1 of the Penal Code in relation to the unlawful behaviour of parties who fraudulently apply for the execution of contracts for public sector units, the parties who facilitate such activities by fraudulent parties, and those who induce other parties to facilitate fraud in connection with a tender. The author looks at the cohesion of the provisions on fraudulent tenders (Article 297 paragraph 1 of the Penal Code) and the provisions applicable to the crime of classic fraud (Article 286 paragraph 1 of the Penal Code). Then, in the context of causative activities under Article 297 paragraph 1 of the Penal Code, the author explains the difference between the terms: “a document containing false statements” and a document “proving an untruth”; an “issued” document and a document “entered into”; an “unreliable written declaration regarding circumstances of major significance for the public procurement” and an “unreliable document”; as well as between submitting an unreliable document or written declaration, and the unreliable use of a reliable document or written declaration. The last part of the article focuses on the scope of criminal sanctions for the behaviour of perpetrators who facilitated tender fraud by another person, or induced another person to commit tender fraud, or who facilitated the inducer in connection with the tender fraud.