Gwarancyjne aspekty procesowych środków pozbawiających władztwa nad wartościami majątkowymi zapisanymi na rachunku
Guarantee Aspects of Procedural Measures Depriving Control over Assets Recorded in a Bank Account

Summary/Abstract: The aim of the article is to examine the scope of procedural measures that can be used by the Prosecutor’s Office to seize property suspected of being related to the crimes of money laundering and terrorism financing. The text refers to the provisions that allow for the seizure of property by means of a decision on material evidence in accordance with the Polish Code of Criminal Procedure and the Act of March 1st, 2018, on Counteracting Money Laundering and Financing of Terrorism (CFT/AML Act). The authors focused on the required evidentiary standard for prosecutors to establish a connection between assets and the indicated crimes, proposing a graduated interpretation of the CFT/AML Act. Special attention is also given to the practically important issue of the possibility of retaining funds collected in a bank account on the basis of a decision on material evidence. The analysis also takes into account how the admissibility of the aforementioned measures has evolved as a result of legislative intervention, and the entire considerations concludes with an assessment of these changes.

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