Radkiewicz Lawyers Poland offers services regarding fraud issues. Our attorneys possess up-to-date knowledge and significant experience in advising clients dealing with fraud allegations. If you have fallen victim to fraudulent proceedings, do not hesitate to contact us. With the expertise of our attorneys, you will have the chance to claim and recover your losses. The firm’s fraud lawyers carry out an in-depth analysis of each individual case and proceed to create the optimal legal strategy. If need be, we investigate fraudulent proceedings further, identifying the perpetrators and evidence of fraud.
Fraud in Polish law
Regulatory provisions regarding fraud crimes are determined in the Criminal Code, Article 286. In general, we can talk of fraud when a natural or legal person is, without their knowledge, made to perform a disadvantageous disposal of property (whether the property is theirs or not, the condition is that they are permitted to manage said property). Although the aggrieved party decides about disposal of property themselves, they are influenced by the perpetrator, often with the use of untrue or incomplete information.
Criminal responsibility for fraud crimes
To qualify actions as a crime of fraud, the alleged perpetrator needs to be proven that they acted with a clear and deliberate intent of gaining substantial benefit. The benefit does not have to be pecuniary to satisfy this condition. It can either be for the perpetrator or another person. Of course, this is a very general description. To receive detailed professional guidance on fraud issues, contact Radkiewicz Lawyers Poland and consult our fraud lawyers.
Fraud perpetrators can be penalized with a fine, restriction of freedom or imprisonment. The penalty depends, among other factors, on the worth of property lost by the aggrieved party.
Common types of fraud
- Credit fraud, usually involving forging documents and using stolen identity to be approved for bank credits.
- Insurance fraud, for instance claiming insurance money for staged accidents.
- Computer fraud, for example phishing, destroying data etc.
- VAT fraud – tax evasion by, e.g., not registering for a VAT number.
- Odometer fraud – lowering a vehicle’s mileage, e.g. to get a better price from a buyer.
Corporate and business fraud
Radkiewicz Lawyers Poland’s mission is to provide all-encompassing legal support for businesses. Let us look at some specific business-related offences which require fraud lawyer’s support in more detail.
1. Obstruction of public tenders
Disrupting a public tender can be done, for example, by colluding to choose a specific offer. Any deliberate actions causing disadvantage to the property owner or institution calling for tenders violate the law.
2. Simulation of bankruptcy
Causing damage to creditors is qualified as business fraud. Any debtor who prompts their insolvency or bankruptcy by obviously disadvantageous transactions can be held accountable for breaking the law.
3. Bank-related fraud
In the section above, we have mentioned credit fraud, which essentially falls into the broader category of bank-related frauds. A fraud lawyer is indispensable in cases of such offences. These cases are difficult, often leaving the aggrieved party with significant financial losses. Perpetrators use forged or counterfeit documents to receive loans, credits, endowments etc.
4. Document forging
Anyone who forges or alters a document with the intent of using it as an authentic one breaks the law. Additionally, filling in and signing a document in someone else’s name, without their permission and to their disadvantage, is liable to legal punishment.
5. Inaccurate documentation keeping
This offence usually includes either destroying, altering, hiding documentation about business activity. Such actions are intended to cause financial damage to a legal or natural person or institution.
6. Inflicting damage in business transactions
This specific offence concerns persons with authority to manage a legal or natural person’s or institution’s business or financial activity. If said persons act to their detriment, they are held accountable by Polish criminal law. Such actions can be done either by abusing permissions or failure to fulfil obligations.
7. Impeding claim submissions
8. Insurance and computer fraud – see in the section above
Consult a qualified fraud lawyer at Radkiewicz Lawyers Poland
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