Odpowiedzialność karna za naruszenie zawodowego obowiązku dyskrecji w ustawie z 28 sierpnia 1997 r. o funduszach inwestycyjnych

Abstract

This publication is devoted to a less known problem of legal and pena! protection of professional secrets in economic activities, and especially in the protection of official secrets in the activity of investment funds. On the grounds of the Polish law, the duty to respect other people's secrets has gained protection on the side of the penal law in art. 148 of the legalisation of 28 August, 1997 about investment funds (the Official Journal of 1997, No 139, item 933 with the later changes). The compilation contains commentaries on the mentioned regulation. A breach in the legislation with the official character of confidential information is Perceived in the paper. Both the concepts of "exposure" as well as "usage" of information, stating the forbidden executive activities on the grounds of the regulation of art. 148 have been put through analysis. The question of its concurrence with other pena! regulations that anticipate the officia! obligation of discretions is also undergoing analysis. High risk of Penalty is also perceived in this, especially characteristic for acts penalising the exposure of official secrets in economic activities: a high penalty fixed as an amount or a cumulative sanction. At last, the Iegislative technique used by the legislator is mentioned in the publication, acknowledging the character of art. 148 of the statute, as well as the accepted definition of "official secret" as too prevailing and could in practice cause problems in their interpretation.