POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
speculative allegations, particularly when they concern criminal acts or moral wrongdoing. Lawyers are bound by the Code of Ethics for Advocates and Attorneys-at-law, which prohibits the initiation of proceedings without legal or fac - tual justification. Making false or unverified accu - sations of fraud may result in professional disci - plinary action or procedural sanctions, including adverse cost orders or dismissal of the claim. Requirement for Cogent Evidence In civil cases, the claimant must prove their claim on the basis of the preponderance of evidence. However, courts expect the claimant to provide clear, specific and credible evidence when alle - gations involve dishonesty or criminality, even though the formal evidentiary threshold remains civil. Courts may refuse to admit vague or broad - ly framed fraud claims lacking factual substan - tiation. In criminal matters, fraud must be proven beyond a reasonable doubt. Prosecutors bear the bur - den of presenting comprehensive, credible and consistent evidence that is sufficient to eliminate reasonable doubts as to the defendant’s guilt. The court will carefully examine the reliability of witnesses, the authenticity of documents and the overall coherence of the case before issuing a conviction. 2.8 Claims Against “Unknown” Fraudsters Under Polish civil procedure, it is generally not possible to initiate legal proceedings against unidentified fraudsters. The statement of claim must indicate at least minimal identifying details of the defendant (eg, name, business name, reg - istered address). However, in civil cases where the perpetrator’s identity is initially unknown, a claimant can:
• initiate pre-trial evidence preservation meas - ures (eg, securing documents); or • apply for disclosure orders against third par - ties to identify the perpetrator. A claimant may file a claim against a person described only by certain characteristics (eg, “the person responsible for the unauthorised transfer from account X” ) if the factual basis is strong and specific. Once the identity is established, the claim can proceed against the named defendant. Unlike in some common law systems, Polish courts do not formally allow proceedings against “unknown person” in civil matters. Investigative and Interim Measures In contrast, under Polish criminal law it is fully permissible to initiate and conduct a criminal investigation against an unknown perpetrator. The prosecution service or police can open an investigation without knowing the suspect’s identity and issue asset freezing or evidence preservation measures. In such cases, the prosecution must demonstrate that a criminal offence has been committed and that there is a reasonable basis to believe that the offence was committed by an as yet unidentified person. To support such criminal cases, claimants may seek: • disclosure orders against banks or telecom providers; • the preservation of digital evidence; or • criminal complaints that trigger prosecutorial investigative powers. These tools can help to identify the unknown party and later amend the claim once the identity is revealed.
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