POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
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 maintain banking secrecy. Banking secrecy covers all information concerning a banking activity that is obtained during nego - tiations and during the conclusion and perfor - mance of the agreement on the basis of which the bank performs this activity. As part of criminal proceedings, it is possible to apply for exemption from banking secrecy. The bank is obliged to provide information constitut - ing banking secrecy at the request of a court or prosecutor in connection with pending pro - ceedings for a crime or fiscal offence, or in con - nection with the execution of a request for legal assistance. 7.3 Crypto-Assets There has recently been an increase in the number of scams related to the cryptocurrency market in Poland. Investing and trading cryp - tocurrencies in Poland is allowed, as they are considered a property right, but cryptocurren - cies do not have the status of an official currency and are not supervised by the National Bank. However, the Polish legal system lacks adequate measures that would enable the effective recov - ery of funds lost as a result of fraud carried out with the use of cryptocurrencies.
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 evi - dence that legal services were misused to facili - tate illegal conduct.
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 damages and redress for harm. In accordance with the applicable provisions of the Penal Code, in the event of a conviction, the court may adju - dicate, 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 compensation for the harm suffered. If the adjudication of the above obligations is significantly difficult, the court may instead order compensation both 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 pur - suing this type of claim in criminal proceedings. Furthermore, the ruling on the above-mentioned damages or remedies does not block the pos - sibility of pursuing the unsatisfied part of the claim in civil proceedings. It should be remem - bered, however, that adjudicating on damages or redress is additional in criminal procedures, as the basic role of criminal proceedings is to determine guilt and impose a penalty.
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