The practice of applying the provision of Article 297 of the Polish Penal Code
Praktyka stosowania przepisu art. 297 k.k.

Summary/Abstract: The aim of the publication is to present the results of research on the issue of the application of the provision of Article 297 of Polish Penal Code in practice and an attempt to evaluate them and an attempt to formulate conclusions.The features characterizing the offense under Article 297 § 1 of Polish Penal Code, which reads as follows: who, in order to obtain for himself or someone else, from a bank or organizational unit conducting similar economic activity under the Act or from an authority or institution with public funds - credit, monetary loan, surety, guarantee, letter of credit, subsidy, subsidy, confirmation by the bank of a liability arising from a surety or a guarantee or similar cash payment for a specific business purpose, payment instrument or public contract, submit counterfeit,converted, attesting untruth or unreliable document or unreliable written statement regarding circumstances of significant importance in order to obtain the mentioned financial support,payment instrument or order, it is punishable by imprisonment up from 3 months to 5 years.Discussed are also the indications of committing an act consisting in abandoning the notification in Article 297 § 2 of Polish Penal Code, worded as follows: who, in breach of a binding obligation, does not notify the relevant entity of the situation that may affect the cessation or limitation of the financial support referred to in § 1 or the public order or the possibility of further use of the electronic payment instrument.Next, the methodology of the research was described in detail. The research was of an files nature and concerned final judgments issued by courts of second instance. The time period of researches was from 2012 to 2016. A purposeful selection was also made due to the legal qualification of the deed on the basis of which the conviction was handed down in the first instance, i.e. the offenses under Article 297 of Polish Penal Code. Then the results of the research were presented and an attempt was made to comment on the results obtained. The conclusions from the research indicated, among others, the cases of lack of correct understanding of the provision, confusion of concepts, unnecessary automatic cumulative classification of the deed,narrowing the use of the instruments mentioned in the provision to credits, loans and subsidies,and many more cases.

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