Criminal Proceedings: Navigating Bank Account Blocking in Poland
As criminal proceedings unfold in Poland, it’s crucial for individuals and businesses to carefully prepare their defense against bank account blocking. The consequences of a blocked account can be devastating, leading to financial ruin and reputational damage.
Who is Liable for Damages?
Under the Banking Law, banks are exempt from liability for damages resulting from good faith performance of duties related to account blocking. However, if it’s found that the blockade was not related to a crime or concealment of criminal activities, the State Treasury is liable for damages.
What Documents are Crucial in Defending Against Account Blocking?
Gathering as many documents as possible is essential in proving the legitimacy of business operations and legality of transactions. This includes:
- Contracts with contractors
- Invoices
- Payment confirmations
- And more
Is the Bank Obligated to Inform Account Holders or Transaction Executors?
There is no statutory obligation for banks to provide information about account blocking or the authority that requested it. However, some banks may choose to do so upon request from customers.
Can Crypto Accounts Be Blocked?
Yes, cryptocurrency accounts can be blocked, and Polish law enforcement agencies have dedicated cryptocurrency accounts where they store virtual currencies seized from suspects.
What Happens After Filing an Appeal?
Filing an appeal does not automatically release a blocked account. The process may take an unknown amount of time, and authorities may issue official reminders to expedite the review.
Will Funds Be Returned After the Blockade is Cancelled or Max Period?
In principle, funds should be returned after the blockade is cancelled or the maximum period expires. However, in practice, blockades are often converted into other measures, such as seizure of physical evidence or property collateral, leaving funds frozen and at the disposal of law enforcement.
When Can an Account Blockade Become Property Collateral?
An account blockade can be transformed into property collateral after the maximum time to apply the blockade has expired. Property collateral is subject to a separate appeal process.
Which Industries are Most Affected by Bank Account Blocking?
The use of bank account blocking is most frequently noted in industries such as:
- Wholesale trade
- International trade
- Trade of metals, mineral raw materials, oil, waste, tobacco products, and electronics
As the criminal proceedings unfold, it’s essential to seek specialist advice on your specific circumstances. The content of this article is intended to provide a general guide only, and individuals should consult with legal professionals to navigate the complex process of bank account blocking in Poland.