Radkiewicz Lawyers Poland is a team of legal practitioners with experience and expertise in criminal business law. We provide legal advice to both defendants and the aggrieved parties. We represent both first-time and repeat offenders. Our criminal lawyers take an individual approach to each case.
As part of our services:
- we provide defence in criminal proceedings, both in the preparatory stage (inquiries, investigation) and before the court, including drafting objections against summary judgements, appeals and petitions for pardon; we assist clients in obtaining a safe conduct;
- we represent Polish and foreign companies wronged by a crime (auxiliary prosecutors) in trial, drafting subsidiary and private indictments on their behalf.
Apart from court representation, Radkiewicz Lawyers Poland offers the following legal services:
- drawing up opinions on criminal law matters;
- filing appeals and other pleadings with courts of higher instance;
- preparing cassations to the Supreme Court.
What is the penalty imposition process?
Before a judgement is issued, a number of procedural steps must be taken. Criminal proceedings are conducted in two stages: preparatory proceedings (carried out by the prosecution or the Police) and judicial proceedings.
Whether the preparatory proceedings are conducted by the prosecutor or by the police depends on the nature of the crime. As a rule, the Police conduct inquiries in cases involving crimes heard by district courts, punishable by imprisonment for up to 5 years and clearly specified in the provisions of Polish law. All other cases require an investigation supervised by the prosecutor.
Preparatory proceedings end either with an indictment being brought to the court, a discontinuance or a refusal to initiate the investigation/inquiry. Where an indictment is brought to the court, the second stage of the proceedings begins, i.e. judicial proceedings, in which the court examines all evidence, including, for example, a witness testimony, a visual inspection or a statement of the accused. The court proceedings end with the passing of a judgement.
An expungement of a criminal record is possible within one to ten years – depending on the gravity of the offence committed – from the date of enforcement of the sentence, a remission of the penalty or extinguishment of the sentence by limitation.
Chapter 36 of the Polish Penal Code concerns criminal offences detrimental to business transactions and proprietary interests. Such crimes constitute economic crimes, also referred to as white-collar crimes. Chapter 36 of the Polish Penal Code lists 13 such crimes, although they do not cover all the economic crimes provided for in the Polish legal system. Presented below are some of the most common economic crimes.
Definition of an economic crime
No provisions of Polish law offer a definition of an economic crime. Legal scholars define an economic crime as a criminal offence committed by participants in business transactions of which at least one has a professional status.
Economic crime list
Chapter 36 of the Polish Penal Code lists the following economic crimes:
- inflicting damage in business transactions;
- credit fraud;
- insurance fraud;
- money laundering;
- preventing satisfaction of a creditor;
- causing damage to a creditor;
- satisfying only selected creditors;
- inappropriate keeping of business records;
- counterparty exploitation;
- disrupting a public tender procedure;
- counterfeiting identification marks;
- odometer fraud.
Other economic crimes defined elsewhere in the Penal Code include:
- computer fraud;
- VAT fraud;
- passive bribery;
- trading in influence.
Moreover, the offence of defamation can be considered as an economic crime, for example in cases of competitor defamation resulting in their weakened market position.
Subsidiary indictment vs. private indictment
What can be done if the prosecutor’s office discontinues preparatory criminal proceedings or refuses to initiate them? In such cases, the aggrieved party is entitled to lodge a complaint with the court against the prosecutor’s office’s decision. If the decision on discontinuance or refusal to initiate an investigation is issued again, the aggrieved party may file an indictment with the court within one month from the service of the prosecutor’s decision (a subsidiary indictment).
With regard to certain crimes (e.g. defamation), Polish law does not provide for preparatory proceedings to be carried out at all. In such cases, only judicial proceedings, initiated by a private indictment, are conducted.
Criminal lawyer – Warsaw, Poland
Radkiewicz Lawyers Poland is a team of experienced lawyers providing advice on all criminal law matters across Poland. Our fraud lawyer will assist you in drawing up a subsidiary indictment, a private indictment, an appeal against a conviction or an appeal against a penal order. Radkiewicz Lawyers Poland may represent you in the course of both preparatory proceedings and judicial proceedings, acting as a defence counsel or an attorney for a subsidiary prosecutor. Our office is located in Warsaw at the following address: 59 Złota Street, 00-120 Warsaw. Contact us by phone at +48 22 489 52 65.
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