This article examines the implications of the Supreme Court’s decision on the application of new laws during ongoing offences.
Background of the Case
The Supreme Court of Poland is set to clarify a significant legal question regarding the application of new laws to ongoing offences, specifically in the context of fraudulent invoicing. The case originated from the Gdańsk Court of Appeal, which dealt with two individuals accused of falsifying invoices amounting to millions of złotys over a period from June 2016 to December 2017. The accused had been sentenced previously, with one receiving a suspended sentence and the other a three-year prison term. Their appeals raise critical questions about the legal framework governing their actions, particularly in light of changes to the law that occurred during the timeframe of their alleged offences.
Legal Complexity of Continuous Offences
The legal concept of continuous offences complicates the application of law, as it involves behaviours that occur over a period rather than as isolated incidents. The Gdańsk court has posed a legal question to the Supreme Court regarding whether the entire continuous offence should be judged under the new, stricter laws that came into effect on 1 March 2017, or if the actions committed prior to this date should be exempt from harsher penalties. This distinction is crucial, as it could determine the outcome of the appeals and set a precedent for how similar cases are treated in the future, particularly in procurement contexts where compliance with evolving regulations is paramount.
Implications for Procurement Practices
The Supreme Court’s ruling will have broader implications for procurement practices, particularly in how businesses navigate changing legal landscapes. If the court decides that new laws can apply retroactively to ongoing offences, it may encourage stricter compliance measures among businesses engaged in public procurement, as they could face harsher penalties for actions taken during transitional legal periods. Conversely, a ruling that protects defendants under previous laws could foster a more lenient environment, potentially impacting the integrity of procurement processes. Stakeholders in public procurement will need to stay informed about the court’s decision and its ramifications on contractual obligations and compliance standards.
IN NUMBERS
The Supreme Court’s upcoming decision will not only resolve the current case but may also reshape the legal landscape for future procurement activities, highlighting the need for businesses to remain vigilant in their compliance efforts amidst evolving legislation.
Reported from rp.pl, 2026-09-03. The Tender Wire is published by Otnox.
