Abstract

The paper presents the instruments intended to ensure the correct preparation and conduct of tenders and other procurement procedures in light of criminal law provisions. The author analyses the current content of the provision of Article 231 of the Criminal Code, penalising behaviour such as the offence of an Abuse of Trust in the Context of Awarding a Public Contract (Article 231 of the Polish Criminal Code).
This paper attempts to solve disputes arising from interpretation of the term “public interest” under Article 231 of the Criminal Code, in relation to the public procurement system. It presents debatable views among legal academics and commentators on the range of criteria to be selected to define a public interest.