POLAND Law and Practice Contributed by: Jaroslaw Kruk, Joanna Bogdanska and Urszula Brzozowska, KW Kruk and Partners Law Firm
7. Special Rules and Laws 7.1 Rules for Claiming Punitive or Exemplary Damages Damages, Redress and Exemplary Compensation Under Polish criminal law, it is possible to seek dam - ages and redress for harm. In accordance with the applicable provisions of the Penal Code, in the event of a conviction, the court may adjudicate, and at the request of the victim or other entitled person shall order a mandatory (applying the provisions of civil law) obligation to redress, in whole or in part, the damage caused by the crime or provide compensation for the harm suffered. If the adjudication of the above obli - gations is significantly difficult, the court may instead order compensation for the benefit of the victim and, in the event of the victim’s death, also for the benefit of his or her next of kin. Therefore, the rules applicable to civil procedure apply to pursuing this type of claim in criminal proceedings. Furthermore, the ruling on the above-mentioned dam - ages or remedies does not block the possibility of pursuing the unsatisfied part of the claim in civil pro - ceedings. It should be remembered, however, that adjudicating on damages or redress is additional in criminal procedures, as the basic role of criminal pro - ceedings is to determine guilt and impose a penalty. 7.2 Laws to Protect “Banking Secrecy” Polish banking law protects banking secrecy. The bank, its employees and persons through whom the bank performs banking activities are obliged to main - tain banking secrecy. Banking secrecy covers all infor - mation concerning a banking activity that is obtained during negotiations and during the conclusion and performance of the agreement on the basis of which the bank performs this activity. In criminal proceedings, banking secrecy may be lifted or displaced in the cases expressly provided by law, and the bank is required to disclose protected infor - mation upon a lawful request from the court or pros - ecutor in the circumstances specified in the Banking Law. The bank is obliged to provide information con - stituting banking secrecy at the request of a court or prosecutor in connection with pending proceedings
In civil cases, this privilege is more limited than in criminal proceedings. A party must clearly justify their refusal to comply with a court order on the basis that disclosure would directly risk criminal exposure. The court evaluates whether the refusal is proportionate and substantiated. Consequences and Inferences Unlike in criminal trials, civil courts may draw negative inferences from a party’s refusal to answer or provide information. This could influence the court’s assess - ment of credibility or be considered when evaluating circumstantial evidence. However, the court cannot treat the silence as direct proof of liability. 6.2 Undermining the Privilege Over Communications Exempt From Discovery Scope of Legal Privilege in Poland In Poland, communications between a lawyer and their client are protected by professional secrecy. This cov - ers all correspondence and documents exchanged for the purpose of legal advice or representation. Lawyers cannot be compelled to disclose such information, and breach of this duty is both unethical and criminally punishable. This privilege applies fully in both civil and criminal matters and is generally exempt from disclosure obli - gations, including in the discovery-like procedures available under Polish law. The Fraud Exception However, this protection does not extend to commu - nications made for the purpose of committing or con - cealing a crime, including fraud. If it can be shown that legal advice was used to further a fraudulent scheme, courts may disregard the privilege and admit such materials as evidence. This principle – known as the “crime-fraud exception” – is recognised in Polish jurisprudence, particularly in high-stakes financial crime cases. Prosecutors or civil courts may challenge the scope of privilege where there is credible evidence that legal services were mis - used to facilitate illegal conduct.
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