Czynności dotyczące środków pieniężnych będących przedmiotem blokady rachunku bankowego w postępowaniu karnym
Procedural measures concerning frozen bank account funds in criminal proceedings

Summary/Abstract: The purpose of the study is to apply the analysis of the law in force and legal commentary to look into the legal framework for procedural actions related to monetary assets subject to bank account freezes during criminal proceedings. The author analyzes the procedure for freezing funds in accounts applied under different acts, that is the Banking Law, the Act on credit unions, the Act on counteracting money Laundering and Financing of Terrorism, the Act on the supervision of the capital market and the Tax Ordinance Act, addressing procedural doubts common to these three frameworks. Subsequently, the author evaluates the possibility of issuing rulings on material evidence and security of property in relation to funds subject to account freezes. The study also notes that funds accumulated in an account cannot be considered as material evidence, and Article 236b of the Code of Criminal Procedure (CCP), which is intended to allow this, is flawed. Furthermore, the author argues that the procedural safeguards of criminal proceedings oppose such a solution. Consequently, funds subject to an account freeze can only serve as a means of security on property. However, due to the defective nature of Article 291(1) and (2) CCP, applying this measure to account holders who are neither suspects nor defendants is significantly hindered. Therefore, this regulation requires amendment by specifying the possibility of securing assets based on the potential for ordering the forfeiture of financial benefits derived from a crime or the return of such benefits to the rightful party.

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