Wojciech focuses his practice on litigation in civil and commercial matters and on corporate issues. Mr. Wasowicz also practices criminal law litigation, particularly related to white collar crime, and litigation involving state and local administration awarded contracts or liability for administrative decisions, shareholders’ disputes and disputes related to the performance of construction contracts.
It is a truism that that the Supervisory Board in a company, cooperative or in the structure of another legal person operates collectively. In turn, penal liability is an individual liability. However, it would be a mistake to conclude the issue only with such statements.
Due to the continuing prevalence of electronic surveillance (covert listening) in the public and business sphere, as well as in the work of the investigation authorities, frequent discussions are taking place on the legality of eavesdropping and the disproportionate rights of various services to use this method in their operations.
In my last post on the criminal liability of legal persons, I promised to write a few more words about the prerequisites of this liability, procedure of adjudication and possible penalties. For now, it is knowledge that you need to familiarize yourself with for a “just in case” scenario. As I wrote, the criminal liability… Continue Reading
A legal person, known in earlier times as a moral person (from the Latin persona moralis) has become, at least under the modern criminal law, its opposite – an “immoral” person, who may be subject to criminal liability.
Several weeks ago, the media widely discussed the charges of corruption upon award of public contracts for the computerization of several state institutions. As usual, there were publicly discussed detentions, declarations announcing an absolute combating of corruption and information on the so-called developmental nature of cases. Penal proceedings in these matters are definitely pending and… Continue Reading
Numerous changes affect the law in various fields. Civil and criminal procedures are no exception, but due to their continually unsatisfactory effectiveness, they are changed more frequently than other regulations. Some of the changes relate to one or more articles of the law. However, there are some articles in which much of the text is… Continue Reading
My last post was devoted to the notion of active repentance in penal and fiscal law, with the regret that it is often misunderstood, and even not understood at all in the practice of the prosecution authorities. However, one may ask the following question: if the entity expressing active repentance is sure that its understanding… Continue Reading
The purpose of active repentance in penal and penal-fiscal law is to encourage the perpetrators of prohibited acts to disclose the fact of committing them, to prevent the consequences they may have and to terminate the “contact” with penal law without the conduct of any proceedings and without imposing penalties. The notion of active repentance… Continue Reading
Much was written two years ago about the so-called acts to the detriment of a company described in art. 585 § 1 of the Commercial Companies Code¹, which is no longer valid. It coincided with penal proceedings against a famous businessman and legislative works on the amendment of the aforementioned provision. Lack of clarity and… Continue Reading
The efficiency of the procedures for review of commercial matters is often criticized. The meeting of the procedure and bankruptcy however brings problems which can deprive even the most determined to pursue their claim of hope. Additionally, bankruptcy can affect any party to the proceedings and bankruptcy can have a form of either liquidation bankruptcy… Continue Reading
The Rzeczpospolita newspaper reprinted several days ago comments of the Wall Street Journal warning Europe that it needs a “bankruptcy Union”. However, this is not a malicious comment on the financial crisis or an allusion to the situation in the Eurozone, but a view that the efficiency of bankruptcy procedures has material economic meaning. These… Continue Reading
It is difficult to negate the importance of so-called European funds for the development of the Polish infrastructure within the last few years. From the point of view of the settlement of disputes, this field is increasingly interesting for two fundamental reasons: as a consequence of the number of contracts carried out with EU support,… Continue Reading
The civil proceedings before the Polish common courts are conducted in Polish. Unlike in many European countries, Polish law does not allow any second language in the proceedings. Poland is a party to the Hague Convention of November 15, 1965 on the service abroad?? of judicial and extrajudicial documents in civil or commercial matters. As… Continue Reading
Holidays are a time of laziness, slowing down and relaxing. Even though contemporary Polish law doesn’t know the meaning of judicial vacation, in practice one can see the slowing down of the functioning of the courts, which in this exceptional case is probably not causing the parties impatience and aggravation.
Court fees seem to be inseparable from the civil procedure. The Polish fee system in civil matters is regulated by the Act on court fees in civil law cases of July 28, 2005. The word “system” seems a bit far fetched here. Having read the Act and after a moment’s reflection, it is hard to… Continue Reading
Much information has been recently published in the press regarding the amendment to the Code of Civil Procedure. One of the titles was “Entrepreneur as an ordinary citizen [Polish: „Przedsiębiorca jak zwykły obywatel”]. The article has explained that since May 3, 2012, onerous formalities that have been the curse of entrepreneurs, in particular the so-called… Continue Reading
The start of any new activity in life brings uncertainty. The same applies to a blog devoted to dispute resolution. To get someone interested in the Polish civil procedure or arbitration seems more difficult than writing a court report or even a script of a serial movie in which the audience should experience the emotions… Continue Reading