Four successful outcomes in criminal cases handled by Attorney-at-law Maciej Robaszyński

Attorney-at-law Maciej Robaszyński has secured further favourable outcomes in the criminal cases he is handling, which have resulted in positive outcomes for our clients at various stages of the proceedings.

1) On behalf of our clients, Attorney-at-law Maciej Robaszyński filed a motion with the Regional Court in Poznań requesting that the indictment be returned to the prosecutor. The purpose of the motion was to address significant shortcomings in the preliminary investigation concerning actions causing substantial damage to the company, amounting to over PLN 10,000,000, and actions detrimental to creditors.

The shortcomings of the proceedings consisted in preventing the defence counsel, during the pre-trial proceedings, from verifying the conclusions contained in the court expert’s report (which constituted the prosecution’s main evidence), as well as in refusing to admit and failing to examine the evidence requested by the defence counsel, despite his active involvement in the investigation. Attorney-at-law Maciej Robaszyński had previously submitted nearly 100 requests for evidence to the Crown Prosecution Service, including numerous points of evidence highlighted to the accounting expert.

In view of the above errors on the part of the Public Prosecutor’s Office, the Regional Court in Poznań upheld the defence counsel’s arguments in their entirety and referred the case back to the prosecutor, whilst requiring him to examine all the evidence requested by Attorney-at-law Maciej Robaszyński during the pre-trial proceedings. The court also emphasised that the prosecutor had failed to clarify key issues – from the perspective of assessing the defendants’ criminal liability – which affected both the objective and subjective aspects of the offences with which they were charged.

The Prosecutor’s Office lodged an appeal against the above decision of the Regional Court in Poznań. The Court of Appeal in Poznań dismissed the appeal lodged by the aforementioned judicial authority, whilst upholding the defence’s position to date as entirely justified.

2) The Regional Court in Poznań upheld Attorney-at-law Maciej Robaszyński’s appeal in its entirety and acquitted our client of the charge of disclosing to another person information obtained unlawfully which was not intended for that person.

Previously, during proceedings before the Court of First Instance, Attorney-at-law Maciej Robaszyński secured the acquittal of the aforementioned client on another charge relating to the unlawful acquisition of information not intended for him.

As a result, our client was cleared of all charges brought against him in the aforementioned case.

3) The Poznań Court of Appeal upheld the appeal lodged by Attorney-at-law Maciej Robaszyński regarding the sentence in one of the most complex and protracted criminal cases heard by the courts in Poznań.

In this complex case, our client faced charges relating to, amongst other things, leading an organised criminal group and irregularities in public-law accounting amounting to nearly PLN 600,000,000.

The trial in the court of first instance alone lasted nearly 20 years, and the judgment ran to nearly 3,500 pages.

Following the appeal, the Court of Appeal reduced our client’s total sentence from 8 years and 6 months to 3 years and 6 months.

4) As a result of the actions taken by Maciej Robaszyński, the Regional Court in Poznań discontinued criminal proceedings concerning the misappropriation of assets worth PLN 11,787,282 through the misrepresentation of the intention to transfer ownership of – know-how of the “technology for the production of active nantropcollagen using the double hydration method”, i.e. an offence under Article 286 § 1 of the Criminal Code in conjunction with Article 294 § 1 of the Criminal Code.

The proceedings also covered allegations that the Company’s Management Board had abused the powers vested in it and caused the Company to suffer losses, i.e. an offence under Article 296 § 1 of the Criminal Code.