Criminal Law Assured Protection of the Tender in the Light of Changes to Article 305 of the Penal Code

Abstract

The aim of the article is to present the instruments intended to ensure the correct preparation and conduct of tenders and other procurement procedures in the light of criminal law provisions. The author analyzes the current content of the provision of Article 305 of the Penal Code, penalizing behavior such as obstructing or disrupting tender procedures, especially in the context of issues relating to interpretation of the individual parts of these acts, which in turn had an undoubted impact on the provision’s application in practice, when it comes to the detection and prosecution of this type of crimes. In addition, the author discusses the changes in the provisions of Article 305 of the Penal Code, which took place in 2023, taking into account in particular the motives behind them, as well as the expectations regarding the effective and efficient application of this provision in the future.