This article focuses on bankruptcy offences in Poland. Bankruptcy proceedings are initiated in the event of the debtor’s insolvency, with the main aim of the assertion of claims by all creditors. The offences related to bankruptcy proceedings form a kind of whole, serving to protect each of the stages of the bankruptcy procedure, described in detail in the body of the article.
In the first stage, when the prerequisites for filing a bankruptcy petition are actualised, Article 586 of the Code of Commercial Companies provides for liability for failure to file a bankruptcy petition for a company under commercial law, and Article 522(1) p.u. (The Bankruptcy Law) criminalises the provision of false data in the filed application.
In the second stage, when the court decides whether or not to open bankruptcy proceedings, Article 522(2) p.u. (The Bankruptcy Law) criminalises the provision of false information regarding the debtor’s assets.
Finally, in the third stage, i.e. during open bankruptcy proceedings, when the trustee establishes the components of the bankruptcy estate, Article 523 p.u. provides for liability for failing to release assets or documentation to the trustee (paragraph 1), failing to provide the trustee or the bankruptcy judge with information regarding the bankrupt’s assets (paragraph 2) and failing to provide the trustee with data or documents relevant to public companies (paragraph 2).
Bankruptcy offences in Criminal Code
Irrespective of the above, however, it should be borne in mind that a creditor who has been wronged by the conduct of the debtor (bankrupt) may take advantage of the possibility to notify the relevant authorities of the commission of offences indicated in the Criminal Code, such as: article 300 of the Criminal Code. (preventing or depleting the satisfaction of a creditor), art. 301 paragraph 2 and 3 of the Criminal Code. (harming a creditor), or Article 302 of the Criminal Code. (satisfaction of selected creditors, bribery in enforcement proceedings).
The full version of this article is available in Polish here.
