POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
refusal to disclose assets can lead to additional charges or sanctions. Assets Held by Nominees Nominee arrangements typically involve one par - ty holding assets or exercising rights on behalf of another, often based on a private agreement. While such arrangements are commonly recog - nised in certain jurisdictions, it should be noted that Polish law does not formally recognise the concept of a nominee as a distinct legal institu - tion. In criminal proceedings, however, it is pos - sible to prosecute the actual beneficial owners if it can be demonstrated that such a relationship existed and that they exercised effective control over the assets or rights in question. Cross-Undertaking in Damages Unlike in common law systems, under Polish civil procedure (Articles 730–757 of the Code of Civil Procedure) Polish courts typically do not require a formal cross-undertaking in damages from claimants when granting interim injunc - tions, although courts may sometimes request the claimant to provide a security deposit to cov - er potential wrongful loss. This approach simpli - fies asset freezing applications and lowers the Under Polish law, when there is a credible risk that crucial evidence might be destroyed or sup - pressed, a party may request the court to issue a preservation order. These orders are designed to secure relevant documents and other evidence pending the outcome of the proceedings. This mechanism is particularly useful in cases involv - ing economic or corporate crimes where the alteration or destruction of evidence is a genu - ine threat. financial risk for claimants. 2.2 Preserving Evidence Legal Measures to Secure Evidence
Key measures include: • interim injunctions – the court may grant orders aimed specifically at preserving evi - dence, ensuring that documents or electronic data remain intact; and • asset and evidence freezing orders – although primarily used to secure assets, these orders can also protect evidence by freezing accounts or records that may contain vital information. Physical Searches of Premises Under Polish law, parties to civil or commercial disputes have no right to physically search a defendant’s premises or business. Only state authorities (court, prosecutors or police) may conduct physical searches upon court warrant or prosecutor’s order. Requirements and Cross-Undertaking in Damages To obtain these remedies, the claimant must show: • credible evidence of urgency – proof that evidence is at risk; and • strict proportionality – the search must be narrowly tailored to the dispute. 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 Evidence From Third Parties Obtaining Third-Party Disclosure Polish civil and criminal procedures allow for the disclosure of documents or evidence from third parties through court or prosecutor intervention.
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