- Criminal law -
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Criminal law is one of our core specialties. We have the largest team of experienced criminal lawyers in Poland, consisting of 30 lawyers with various specializations, all focusing solely on criminal law.
Our lawyers specialize in the following areas:
- Crimes related to the financial market,
- Economic crimes,
- Tax offenses, including tax audits and customs and tax inspections,
- Drug-related and moral offenses,
- International crimes, including extradition and the European Arrest Warrant (EAW).
We represent clients in all types of domestic and international proceedings. For many years, we have been building a team of criminal law specialists. Our lawyers represent clients with full commitment and fight for their rights. Experienced advocates and legal counsel ensure that criminal cases are handled according to the highest standards.
We have extensive experience representing clients before courts, law enforcement agencies, and international justice institutions. We also offer assistance to tax authorities and other state agencies. We can effectively safeguard our clients’ safety and rights thanks to our courage and determination. We work interdisciplinarily, utilizing the support of detectives, auditors, and tax advisors. We have handled the most famous criminal cases in Poland.
We represent clients as defense attorneys in criminal proceedings, as subsidiary prosecutors, and as representatives of victims or individuals reporting crimes. We represent not only individuals but also business entities in white-collar crime cases. We take particular pride in our experience and successes in this area.
To provide international assistance, we have created a dedicated website for foreigners, entirely in English: https://criminallawpoland.com/
We offer our clients, in particular:
- Criminal and investigative audits (criminal due diligence),
- Issuing criminal legal opinions, including evaluating investment processes from a criminal law perspective and providing recommendations on potential and advisable actions in individual cases,
- Representation in all criminal proceedings, either as a representative of the victim (during the investigative phase) or as a subsidiary or private prosecutor (during the trial phase), including:
– Analysis of specific cases regarding the possibility of criminal liability,
– Preparing or reviewing reports of potential crimes,
- Preparation of comprehensive defense strategies for acquittal or achieving the most lenient possible sentence:
– Actively collecting evidence,
– Participation in investigative activities and determining the „optimal level” of cooperation with law enforcement authorities,
– Optimizing actions taken concerning the client’s criminal records,
– Developing an overall action strategy.
- Negotiation with prosecutors:
– Negotiating prosecutor’s motions and conditional discontinuation of criminal proceedings,
– Motion for a judgment without a trial (Article 335 of the Criminal Procedure Code),
– Motion for voluntary submission to criminal liability (Article 387 of the Criminal Procedure Code),
– Negotiating the type and degree of punishment and suspension of the sentence. - Representation before Polish and European courts at all stages of proceedings, from first-instance courts to the European Court of Human Rights:
– Assistance in reconciling with the victim,
– Assisting victims,
– Representation of the victim,
– Assistance in obtaining a deferral of fines or paying fines in installments. - Preparation of appeals against decisions made by law enforcement agencies regarding the refusal to initiate or discontinue criminal proceedings and legal representation before the court in such matters,
- Preparation and issuing of subsidiary charges and private indictments,
- Participation in all activities during the investigative phase before various authorities (prosecutor’s office, ABW, CBA, CBŚP, etc.), including arrests, witness questioning, expert testimony, suspect interrogations, and searches,
- Preparation and filing of appeals against any unfavorable procedural decisions made during the investigative phase,
- Participation in all activities during the trial phase, such as court hearings, questioning of witnesses, defendants, experts, conducting forensic experiments, inspections, etc.,
- Preparation and filing of claims for compensation for damages,
- Preparation and filing of appeals against first-instance court judgments or responses to appeals and participation in appellate hearings,
- Legal assistance in case of detention at the border, most often at airports,
- Defense of clients subject to extradition or the European Arrest Warrant (EAW),
- Defense of clients wanted under a wanted list,
- Defense against arrest in Poland,
- Assistance in obtaining a „letter of comfort” in Poland,
- Assistance in changing police supervision or property bail,
- Assistance in modifying a prosecutor’s order prohibiting leaving the country,
- Assistance in obtaining conditional discontinuation of proceedings,
- Assistance in obtaining a conditional suspension of the execution of a sentence.
We primarily handle cases related to the following:
- Drug offenses,
- Environmental crimes,
- Procurement-related offenses,
- Stalking,
- Causing severe bodily harm,
- Driving under the influence,
- Corruption offenses.
We also assist with extraordinary legal procedures, including:
- Cassation appeals,
- Petitions to the Ombudsman and the Prosecutor General to file cassation appeals or extraordinary complaints,
- Requests for the reopening of criminal proceedings,
- Petitions for pardon,
- Obtaining compensation for wrongful conviction, detention, or arrest,
- Representation before the European Court of Human Rights (ECHR).
We provide legal support concerning the execution of criminal penalties, including:
- Obtaining the possibility of serving a sentence under electronic monitoring (SDE),
- Obtaining a deferral of sentence execution,
- Suspension of enforcement proceedings,
- Obtaining a break in the execution of a prison sentence,
- Obtaining conditional early release from the remainder of a prison sentence,
- Recognition of criminal measures as executed after half of the period they were imposed,
- Changing a driving ban to an alcohol ignition interlock device,
- Handling motions for expungement of conviction records,
- Handling proceedings related to the imposition of a substitute prison sentence.
We also conduct training on criminal law and fiscal criminal liability. Sample training topics:
- The company vis-à-vis law enforcement authorities – what can the prosecutor, police, and other services demand?
- The company as a victim – what should the company do when the company is the victim of a crime?
- Can a company be the perpetrator of a crime? – Criminal liability of collective entities.
- Search at the company – how to be prepared and stay composed?
- Company account freeze – what to do if it is applied?
- Testimony as a witness – rights, duties, and the course of the proceedings,
- Detention – rights and responsibilities of the detained individual,
- Arrest – how to prepare yourself and your family,
- Criminal liability of board members and managers for actions harming the company,
- Corruption offenses in the company – preventive and protective measures,
- Responsibility for unfair competition acts,
- Criminal proceedings as an instrument against unfair contractors,
- Irregularities in the procurement procedure and the risks of criminal liability,
- Whistleblowers – how to build internal trust, a culture of reporting irregularities, and preventing crises,
- Internal investigation procedures – why they are worthwhile and how to conduct them,
- Liability of board members for the company’s tax obligations,
- Securing company assets during criminal and fiscal criminal proceedings,
- The imposition of accessory liability on a company under the Fiscal Penal Code, and the company as an entity obligated to return benefits obtained by the perpetrator from a crime under the Code of Criminal Procedure and the Fiscal Penal Code.
- Customs and fiscal inspections/tax audits in a company and their connection to criminal proceedings related to the scope of the conducted inspections.
Key projects
- Representing the largest energy company in Poland in a series of criminal proceedings where the company acted as the victim or the reporting party of crimes, with potential financial damage totaling PLN 34 billion.
- Acting as counsel for one of the largest energy production and distribution groups in a case concerning the activities of board members and directors who caused damage to the company amounting to PLN 2 billion.
- Representation of a joint-stock company in the energy sector as counsel for the injured party in a case of abuse of granted powers and failure to perform duties by members of the management board who invested inconsistent with the company’s financial interests and unjustified economically, exposing the company to a loss of PLN 80 million.
- Conducting a series of criminal cases for one of the largest fuel groups concerning the activities of organized criminal groups to the company’s detriment.
In criminal matters, time and the experience of attorneys are paramount. Our goal is to ensure clients feel secure and confident that their case is in the hands of criminal procedure professionals.
We encourage you to explore the offer of Kopeć Zaborowski Law Firm in handling white-collar crime cases.
Do you have a problem? Do you need support in criminal law? Don’t hesitate!
Leaders
- adw. Maciej ZaborowskiAdvocate / Managing Partner
- Marcin JaklewiczAdvocate
- Monika OrczykowskaHead of the Criminal Law and Compliance Department / Advocate
- Daniel PękalaHead of the Economic Crime and Criminal Law Practice for Company Protection / Advocate