This article examines the implications of the Supreme Court’s ruling on the application of new laws during ongoing offences.
Background of the Case
The case before the Supreme Court stems from a decision made by the Gdańsk Court of Appeal regarding two individuals accused of falsifying invoices amounting to millions of złotys. The fraudulent activities reportedly occurred repeatedly from June 2016 to December 2017. In the first instance, one defendant received a suspended sentence of one year and a fine, while the other was sentenced to three years in prison along with a fine. The defendants appealed, arguing that some of their actions should not be subject to prosecution as the law defining these offences only came into effect on 1 March 2017.
Legal Principles at Stake
The core legal question raised by the Gdańsk court concerns the application of the new, stricter law to actions that were committed under the previous legal framework. The defendants cite Article 4, paragraph 1 of the penal code, which prioritises the law in effect at the time of sentencing, with a notable exception for cases where the previous law is more lenient. This situation raises significant questions about the continuity of criminal acts and the legal framework applicable at different times during the commission of those acts.
Potential Outcomes of the Ruling
The Supreme Court’s decision could have profound implications for the prosecution of ongoing offences. If the court rules that the entire continuous act is governed by the new law, it may lead to harsher penalties for the defendants. Conversely, if it determines that actions taken before the new law’s enactment should be excluded from prosecution, this could result in reduced sentences or even acquittals. The decision will clarify whether the principle that stricter laws do not apply retroactively holds in cases involving continuous criminal behaviour.
Broader Implications for Procurement Practices
Beyond the specific case, the Supreme Court’s ruling could influence procurement practices by establishing precedents regarding the applicability of laws during ongoing offences. This may affect how businesses approach compliance with evolving regulations, particularly in sectors prone to fraud. The outcome could encourage more rigorous internal controls and compliance measures, as entities may need to adapt to the potential for retrospective application of new laws in similar contexts.
IN NUMBERS
As the Supreme Court prepares to address these critical legal questions, stakeholders in procurement and legal sectors will closely monitor the implications of its ruling on ongoing offences and the application of new laws.
Reported from rp.pl, 2026-09-03. The Tender Wire is published by Otnox.
