Criminal law
It may come as a surprise to some people that criminal law is not only about crimes against life and health, property or traffic safety. What is more, at present, criminal law is not only the provisions criminalising prohibited acts described in the special part of the Penal Code Act. In the legal space there is a whole range of provisions defined as extra-Code criminal law, i.e. a set of provisions criminalising prohibited acts, which are found in special laws, such as, for example: Commercial Companies Code, Act on Combating Unfair Competition, Bankruptcy Law, Accounting Act, Insurance Distribution Act or Labour Law.
A significant part of the practice of the Law Firm is the provision of legal assistance in cases in the field of broadly understood criminal law. The Law Firm's team includes attorneys who for years have successfully represented the interests of clients in criminal, criminal-economic, criminal- fiscal cases, at every stage of the proceedings.
In criminal cases, we act both as a defence counsel for the accused (at the stage of pre-trial proceedings - the suspect), as well as a representative of persons who have been the victims of a crime (auxiliary accusers) for their proper representation and the assertion of claims to which they are entitled. We provide legal assistance at all stages of proceedings. From its inception, i.e. pre-trial proceedings, through two-instance court proceedings, up to the enforcement of the judgment.
When representing clients, each time we analyse the case thoroughly, taking into account all its aspects. We act in a well-considered manner, taking into account the civil law consequences of a given event, which guarantees the minimisation of consequences (on the part of the perpetrator) and, on the other hand, ensures that the full benefit of claims is obtained (for the victim of a crime).
Due to the specific nature of criminal proceedings, it is worth mentioning that we represent our clients at all stages of these proceedings and regardless of their role, in particular:
REPRESENTATION OF A WITNESS
The proper representation of the witness helps to safeguard his or her interests. Together with the person called as a witness, we analyse the information and documents provided by him. When representing a witness, we also participate in activities with his or her participation before law enforcement agencies or courts.
PENAL MEDIATION
We represent our clients in the course of mediation in criminal cases. Proper representation at this stage makes it possible to achieve a satisfactory solution both for the injured party (such as: compensation, repair of damages, restraining order, apology) and for the suspect/accused (such as: discontinuance of proceedings, conditional discontinuance of proceedings, leniency).
PRE-TRIAL PROCEEDINGS
We pay particular attention to the pre-trial stage. It is at this stage that taking the right stand, making the right decision often determines the fate of further proceedings in the case, determines the success or failure in achieving the intended goal. We participate in the activities (especially interrogations) during the pre-trial proceedings. We file relevant motions (evidentiary motions or motions on preventive measures), letters and appeals (complaints against preventive measures, including decisions on temporary arrest or the prohibition of driving and complaints against decisions on securing property).
LITIGATION
We participate in trials or hearings before courts throughout the country. We help clients to prepare properly for actions with their participation.
appeals, complaints and cancellation proceedings
We undertake the conduct of cases at the appeal, complaint or cassation (before the Supreme Court) stage, even if we have not represented clients at an earlier stage. We place particular emphasis on analysing the course of the proceedings to date, which allows us to formulate factual objections to the appeal, complaint or cassation proceedings.
PROCEEDINGS INITIATED BY A SUBSIDIARY INDICTMENT
After exhausting the procedure required by the Code of Criminal Procedure, we draft and file subsidiary indictments (for acts prosecuted ex officio) on behalf of our clients.
PROCEDURE FOLLOWING A PRIVATE PROSECUTION
We represent our clients in so-called private prosecution cases. These cases mostly concern such offences as insult (Article 216 of the Penal Code), defamation (Article 212 of the Penal Code), causing damage to health below 7 days (Article 157 § 2 of the Penal Code) or violation of bodily integrity (Article 217 of the Penal Code). We pay particular attention to the observance of the statute of limitations, which is only 1 year in such cases.