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  • 2018
  • 2017
  • 2016

    Krzysztof Wąsowski, PhD, designated by the Minister of Development, Mateusz Morawiecki into the team that will develop the project “Constitution for Business”

    We are delighted to inform you that the Vice Prime Minister, the Minister of Development, Mr Mateusz Morawiecki, appointed Krzysztof Wąsowski, PhD, into the team of experts that will be working on the draft of the “Constitution for Business”.

    The team that shall be supporting the activities of the Minister of Development with regard to drawing up the draft of the new Act regulating taking up and performing business activity in order to replace the current Act of 02nd July 2004 on the freedom of business activity with a legal act which would be transparent and friendly for entrepreneurs will be comprised of the following:

    1. Co-ordinator: Mariusz Haładyj – Under-Secretary of State in the Ministry of Development;
    2. Deputy co-ordinator: Armen Artwich – Deputy Director of the Department of Improving Economic Regulations in the Ministry of Development;
    3. Secretary: an employee of the Department of Economic Regulations in the Ministry of Development;
    4. Under the rights of the Team members, hereinafter referred to as the “Team Members”:
      • Przemysław Czarnek, PhD hab.,
      • Przemysław Czernicki, PhD,
      • Paweł Gilowski, Att.,
      • Adam Karczmarek, PhD,
      • prof. Andrzej Kidyba, PhD hab.,
      • Grzegorz Miś, PhD,
      • Radosław Potrzeszcz, Att.,
      • prof. Andrzej Powałowski, PhD hab.,
      • prof. Tomasz Siemiontkowski, PhD hab.,
      • Adam Szafrański, PhD,
      • Urszula Walczak, Att.,
      • Piotr Sacharczuk, PhD

     

    “The Constitution for Business” is supposed to have a statutory character and shall be discussed with representatives of small, medium and big companies as well as associations of entrepreneurs.”, said Vice Prime Minister Mateusz Morawiecki on 19th February 2016 on Polskie Radio.

    More information on the website of the Ministry of Development (in Polish only): Ruszają prace nad opracowaniem projektu „Konstytucji Biznesu”

    Akt Powołania

    Amendment to the Criminal Code

    As from 2nd March 2016, another of the amendments to the Criminal Code announced by the current government, entered into force. This time it is related to changing the terms of statute of limitation and reinstatement, including cases within material criminal law, before the entry into force of the amending Act of 20th February 2015.

    Thus, as a reminder, it ought to be mentioned that until 02nd March 2016, 5 years were added to the terms of limitation of prosecution deriving from the provisions of Art. 101 § 1 of the Criminal Code, in cases in which within the terms indicated by the said provision, proceedings against a person were instigated.

    As from 2nd March 2016, the Act orders to add not 5 but 10 years to the period of limitation. What is important in this respect, however, is that 10 years are added if within the terms referred to in Art. 101 § 1 of the Criminal Code proceedings were instigated, and, on the other hand, it is not required that those proceedings must be against a person. This is a remarkable difference which may have relevance in cases in which proceedings in the in rem phase continued relatively long. Then, after many years of litigation before the court, while examining the term of limitation, one ought to pay attention to the new means of calculating the term, which might turn out to be more beneficial for the accused than before the amendment. One must emphasize here that Art. 2 of the Act implementing the new regulation constitutes that in reference to criminal acts committed before the date of the entry into force of this Act, the regulations in the content of this Act should be applied, unless the term of limitation has already expired.

    Olgierd Pogorzelski, attorney-at-law

  • 2015
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