Another success for the department of “white collar crime” – the final acquittal of a client from all the crimes he was charged with

A client of the law firm RKKW (the “Firm”) with a long-standing business in the provision of security services for persons and property legally acquitted of all offenses alleged in the indictment.

The firm’s client, who runs a recognizable physical security company for people and property, was falsely accused of committing crimes against life and health and freedom allegedly during the execution of one of his orders.

An indictment was filed against the owner and employees of the security company involved in the service, charging them with a number of criminal acts punishable by imprisonment of up to 5 years.

In the course of the criminal proceedings, defense attorneys on several occasions led to the successful implementation of the procedural actions they requested, which had a key impact on the course of the case. By filing proper procedural motions in this regard, the defense led, among other things, to the return of the case to the prosecutor to supplement the investigation, to the appointment of a new team of experts, and, ultimately, to the issuance of a decision by a higher court to exclude all the judges of the competent court from hearing the case and to transfer it to another court of equal jurisdiction for substantive consideration. The basis for the order was the provisions of Article 42 § 4 of the Code of Criminal Procedure [1] in conjunction with Article 41 § 1 of the Code of Criminal Procedure in conjunction with Article 43 of the Code of Criminal Procedure.

With regard to acts against life and health, the court of first instance acquitted all defendants of the charged offenses. With regard to acts against liberty, as to some of the defendants, it discontinued the proceedings due to the negligible social harmfulness of the act (the remaining defendants were acquitted of this charge as well). The verdict of the Court of First Instance was appealed by both the public prosecutor and the auxiliary prosecutor. The court of second instance fully shared the position of the court of first instance and upheld the appealed verdict, making it final.

“The acquittal of the client in this case required non-standard and consistent actions already at the pre-trial stage. Given the possible lack of objectivity of law enforcement agencies reflected in the manner of the procedure, these actions required the skillful use of the provisions of criminal procedure. Indeed, the possibility of presenting a complete body of evidence before an impartial court (in terms of both internal and external aspects), required first demonstrating the existence of deficiencies in the proceedings, conducting new evidence and successfully requesting the exclusion of all judges of the court with local jurisdiction to hear the case. Additional satisfaction is provided by the fact that the Court, in discontinuing the proceedings as to some of the defendants with regard to the acts against freedom, fully shared the position of the defense, justifying its decision by the sacrifice by the defendants of an asset representing a lower value than the asset they were saving.”

– commented attorney Marcin Olchowicz (lead counsel for the defendants).

On the part of the RKKW Law Firm, the defense in the criminal proceedings was conducted by attorney Marcin Olchowicz with the support of attorney Natalia Ruszkowska

[1] Law of June 6, 1997, Code of Criminal Procedure (i.e., Journal of Laws of 2022, item 1375), LEX, hereinafter referred to as the “Code of Criminal Procedure.”