It is a well-known fact that an insolvency practitioner participates in proceedings concerning the insolvency estate or an object forming part of the insolvency estate. However, it is not clear whether company’s liquidator can act on behalf of a bankruptcy victim in business criminal cases and this sometimes leads to practical problems. This is because the legislation does not clearly indicate the point at which the company’s liquidator acquires standing in the proceedings and does not provide for what to do in the event that pre-trial proceedings are initiated.
As a general rule, judicial, administrative or judicial-administrative proceedings are conducted by the trustee on behalf of the bankrupt, but on his own behalf, if they concern the bankruptcy estate.
The participation of the insolvency practitioner in criminal proceedings remains an undefined issue, creating problems for the participants in this type of trial. It thus remains on unregulated ground between acting on behalf of the victim and not being able to act in criminal proceedings. This of course creates doubts as to who – the victim themselves or the insolvency practitioner acting on their behalf – can, for example:
– can review the case file on behalf of the victim,
– who can make a statement to act as an auxiliary prosecutor (to be a party to the proceedings before the court),
– who can appeal against a judgment.
Full article is available in Polish here.
