Kategoria: Specializations

Criminal Law, Company Law, Commercial Law, International Law

The number of everyday events that may result in a criminal case is enormous. Even if they are only situations with a certain potential to be reclassified into a criminal case, it is necessary to treat them with utmost caution. The first actions taken by law enforcement authorities (usually even before the formal initiation of criminal proceedings) are already at a very sensitive moment. Also, of great importance are the first statements – even those not recorded – submitted by a person who, as a potential perpetrator, may be of future interest to law enforcement.

In such situations we advise quick contact with a professional and experienced lawyer, as a poorly conducted criminal case even at the early stage usually entails enormous complications and not only in the context of imposing a potential punishment. The lawyer will undertake a defence through a detailed analysis of the materials of the proceedings made available to them, and will take part in the interrogation and other activities of the proceedings.

Why us?

Because we are effective. In many of our cases the prosecutor’s requests for pre-trial detention were not granted. Often indicating a lack of general grounds for their application, or after the first actions with the suspect, the law enforcement authorities abandoned the motion for temporary arrest and contented themselves with the application of free preventive measures. And when pre-trial detention has been applied? We provided immediate assistance to the detainee, requesting telephone contact and visits with the defence counsel and immediate family, advised the next of kin on how to provide the detainee with the necessary clothing, hygiene products, and food.But most importantly, we never gave up by filing complaints, submitting further motions to revoke the temporary detention, pressing the law enforcement authorities to quicken the procedural activities, all in order to make the detention period as short as possible. We have successfully represented clients before the European Court of Human Rights, which has often upheld our case, finding the use of pre-trial detention unduly prolonged and awarding damages. The majority of our cases in which pre-trial detention was used ended in acquittal, in which case we are extremely effective in fighting for due compensation and damages for our clients. We have been awarded damages and compensation amounting to hundreds of thousands of PLN.

What do we offer?

 support in sensitive moments, e.g. during the arrest or preventive measures such as pre-trial detention,

 defence of a suspect during pre-trial and court proceedings,

 representing the victim before the court at all stages of the proceedings,

 defending a convicted person in enforcement proceedings,

 assistance consisting of legal advice and preparation of pleadings, such as appeals, motions, complaints, and cassation appeals.

 representation before the Supreme Court.

Selected specialisations:

1| Financial crimes (e.g. mismanagement, bringing about an adverse disposition of property, disruption and thwarting of a tender, corruption, etc.)

We have successfully handled cases of fraud, misrepresentation, and mismanagement. The correct assessment of a manager’s behaviour most often requires a specialist’s knowledge (risk assessment, assessment of short-term loss in view of future profit). This is why we cooperate with expert auditors who are specialists in the field of auditing the activities and financial condition of companies. As a result, we are able to put forward factual arguments, even for the most complex business cases. We have successfully used similar defence tactics in cases involving the threat of insolvency or bankruptcy. In cases of public tenders we have repeatedly proved that our clients’ conduct was in accordance with the procedures and provisions of the Public Procurement Law.

2| Crimes under the Fiscal Penal Code (e.g. tax fraud, money laundering, so-called tax carousels, actions to the detriment of business entities)

We are up to date with the jurisprudence of national courts (including administrative courts) and the jurisprudence of the Court of Justice of the European Union related to indirect taxation issues. In our cases we try to shape the jurisprudence of the national courts striving to align it with the standards of the Court of Justice of the European Union case law, which is more favourable to taxpayers. We represent clients at all stages of proceedings from tax authorities, through administrative courts, and European authorities.

3| Traffic offences

We cooperate with high-level specialists who prepare opinions on our behalf in cases where it is possible to challenge a litigation opinion that is unfavourable to the client. This is particularly important in cases where the reconstruction of the traffic incident is based on the conclusions of expert opinions. We also successfully represent accident victims who have been refused investigation by the prosecuting authorities.

4| Criminal enforcement proceedings

We participate in cases such as the ordering of a custodial sentence, postponements and breaks in the execution of a sentence, as well as in cases concerning conditional, early release, suspension of a custodial sentence, substitution of a sentence or electronic surveillance.

5| Defending wanted persons, fighting the grounds for issuing a European Arrest Warrant 

In the reality of freedom of movement for citizens of the European Union many people who have been sentenced in Poland to custodial sentences with conditional suspension of their execution leave Poland. This is often due to the unawareness of the threat of ordering the execution of a suspended sentence. By failing to perform even the most trivial duty (e.g. repairing minor damage), such a person finds themself in a situation in which coercive measures are activated against them, which are executed by a foreign state on the order of the Republic of Poland (e.g. the European Arrest Warrant). In such cases, we assist clients in “reversing” the adverse events that took place in the territory of Poland. In doing so we cooperate with international law firms which simultaneously, in the potential place of detention, take appropriate action for the client.

Compensation

Our law firm specialises in cases concerning compensation for damage and reparation for harm suffered, claimed from the State Treasury, in the event of unjustified temporary arrest or detention.

1| Compensation and reparation from the State Treasury can also be pursued – which is often forgotten – in a situation where the accused is acquitted or sentenced to a lighter punishment as a result of the resumption of proceedings or cassation, or the proceedings are discontinued after the conviction is overturned. We also conduct proceedings on behalf of persons entitled to compensation or damages in the event of the death of the accused.

2| In addition, our law firm handles cases for compensation and reparation in connection with criminal acts committed, e.g. compensation for causing bodily injury or death or compensation for violation of personal rights. We represent victims of traffic accidents both in negotiating an out of court settlement which is conducted under the insurer’s procedures, and in proceedings before ordinary courts. We obtain compensation from insurance companies for events that are not directly related to criminal proceedings.

 

Contact:

Registered Office:

ul. Gliwicka 5, 40-079 Katowice

tel.: +48 32 253-90-11
+48 32 703-99-59
fax: +48 32 253-04-76
e-mail: office[at]durajreck.com