Blog

26 September 2016

The ability of addressing the Ombudsman with a motion to file a cassation appeal.

Despite the fact that it?s impossible to appeal against final and binding  judgement of the appellate court (the criminal procedure in Poland is two-instance proceeding), there?s the eventuality of filing an extraordinary measure of appeal (such as a cassation) to the Supreme Court.

A cassation may be filed on the grounds of the violations listed in article 439 of the Polish code of the criminal procedure (for example judgment has not been signed by any of the persons participating in its issue or when the prescribed statute of limitations has expired) or other egregious infringement of law, if this might have had a material impact on the contents of a judgment.

However the legislator provided a significant limitation in filing a cassation in favour of the accused. It may be filed only when penalty of imprisonment without the conditional suspension of it?s execution was imposed.

What?s extremely important, this restriction does not apply to the cassation filed by the Ombudsman.

In one of the cases handled by Duraj Reck Law Firm our client was finally sentenced to pay a fine for the offence specified in article 270 § 1 of the Polish Criminal Code. Our lawyers disagreed with the verdict of the appellate court and turned to the Ombudsman with a motion to file a cassation appeal in favour of the accused. The Ombudsman fully shared our position and filed a cassation based on our legal analysis.

Polish Supreme Court in its judgement of April 5th 2016 (IV KK 405/15) reversed the appellate court verdict and acquitted the accused. Furthermore, Supreme Court ruled that the cassation was evidently justified, thus confirming that our legal arguments presented by Ombudsman were correct.

Read more on the blog:

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    Tomasz Duraj and Daniel Reck appointed arbitrators at the Court of Arbitration at the Regional Chamber of Commerce in Katowice

    Tomasz Duraj and Daniel Reck, acting as Managing Partners of the Law Firm, have received nominations for the positions of arbitrators at the Regional Chamber of Commerce in Katowice. Attorney Daniel Reck also took the position of Deputy Chairwoman of the Court of Arbitration College. Thus, they will be involved in the settlement of disputes of a national and international nature in arbitration or mediation proceedings.

  • 16/10/2024

    Lifetime driving ban

    As a result of the motion filed by the defence counsel for the resumption of the legally concluded criminal proceedings, the District Court in Częstochowa resumed the proceedings, and then repealed the order for payment issued in the case of the Law Firm's Client in the part concerning the penal measure in the form of a lifetime ban on driving all motor vehicles and remanded the case for re-examination in this respect to the court of first instance.

  • 08/10/2024

    Debate on cybersecurity with the participation of attorney Mateusz Grzech

    In the Platan Shopping Center in Zabrze, a social debate entitled "Let's talk about the safety of young people" was held. The organizers have prepared three discussion panels. One of the speakers on the topic of cybersecurity was attorney Mateusz Grzech.