Prawo Zamówień Publicznych

no. 4/2022

The offence of obstructing a public contract award proceedings after the amendment of Art. 303 of the Penal Code

Michał Makowski
radca prawny, aktualnie pełni funkcję prokuratora; ORCID: 0009-0000-1883-8213.
Abstract

The article provides an assessment of the direction of the amendment of Art. 305 of the Penal Code from the viewpoint of the criminal law protection of the public procurement procedure. Favourably assessed should be introduction of protection of all public contract award procedures, rather than only tenders. On the other hand, critical remarks have been presented with respect to the new definition of the offence referred to in Art. 305 § 2 of the Penal Code, which violated the principle of legality of criminal law and thus does not provide normative grounds for efficiently combatting such irregularities as bid rigging or non-application of the Public Procurement Act.