POLAND Law and Practice Contributed by: Jaroslaw Kruk, Joanna Bogdanska and Urszula Brzozowska, KW Kruk and Partners Law Firm
Restrictions on Use of Disclosed Material Material disclosed through court orders or evidence preservation in civil proceedings is restricted to use within the specific case for which it was obtained. Polish courts strictly prohibit secondary use or public dissemination of such materials unless authorised by a separate ruling. In criminal cases, evidence obtained from third par - ties is part of the criminal case file and is subject to procedural confidentiality until trial. Disclosure to victims, civil claimants or other parties is limited and controlled by the prosecutor or court. Use of such material outside the criminal proceedings requires express permission and may be restricted to prevent prejudice to the investigation. This restriction shall not apply to the use of disclosed material in other civil or criminal proceedings, including foreign proceedings. This issue should therefore be assessed on a case- by-case basis. 2.4 Procedural Orders Use of Without Notice Applications in Poland Under Polish law, ex parte (without notice) applications are permitted, but they are used cautiously. Courts will consider such measures if notifying the defendant in advance would likely frustrate the intended protection, especially in cases involving fraud, imminent asset dissipation or the destruction of evidence. Relief may take the form of freezing injunctions, orders for preserving evidence, or search and seizure requests in both criminal and urgent civil contexts. These measures are carefully scrutinised and typically granted only when absolutely necessary to prevent irreversible harm. When Ex Parte Relief is Justified Ex parte orders are appropriate in urgent situations where delay could result in the loss or concealment of critical rights or property. The element of surprise plays a key role in preserving the effectiveness of such relief. However, courts treat these applications as strictly temporary and subject to swift judicial review. Duties and Protections To balance the absence of the defendant, the claimant is held to a high standard of candour and must present
Although Polish law does not generally mandate a cross-undertaking in damages as in common law systems, courts may sometimes require a security deposit to safeguard against potential wrongful search claims. 2.3 Obtaining Disclosure of Documents and Polish civil and criminal procedures allow for the disclosure of documents or evidence from third par - ties through court or prosecutor intervention. This is especially useful in complex fraud, corruption or asset recovery cases involving banks, accountants or busi - Evidence From Third Parties Obtaining Third-Party Disclosure • court orders – the claimant may request the court to compel a third party to produce specific docu - ments; and • expert appointments – courts may appoint experts to access and analyse third-party data, particularly in financial or digital matters. Pre-Action Disclosure Unlike some common law jurisdictions, Polish civil law does not generally allow pre-action disclosure. How - ever, evidence preservation motions can be filed prior to trial if there is a real risk that evidence may be lost or its use impeded. At the same time, courts may order a third party to disclose specific documents if they are essential for the claim and cannot be obtained otherwise. Such motions require demonstration of the relevance and urgency of the requested material. In criminal investigations, prosecutors and law enforcement authorities have broad powers to obtain disclosure from third parties even before formal charg - es are filed. This includes seizing documents, financial records or digital data, and summoning third parties to produce evidence. Pre-action disclosure is an integral part of the inves - tigative phase in criminal fraud matters. ness associates. Key tools include:
250 CHAMBERS.COM
Powered by FlippingBook