The Actual Coverage of the Funds on the Account by the Order About the Evidence

Kamil Samiczak; Damian Robert  Jaworski

doi:10.5937/nabepo29-44868

Kamil Samiczak dr Kamil Samiczak – instructor of the Criminal Service Department of the Police School in Katowice. In the police for 18 years. Doctor of legal sciences. Member of the Polish Forensic Society. Associated with the National School of Judiciary and Public Prosecution. Lecturer at the WSB Academy in Dąbrowa Górnicza and the WSB Academy, Branch in Krakow. A graduate of the Faculty of Law and Administration of the University of Silesia in Katowice and the Academy of Music in Kraków, scholarship holder of Hochschule Musik Detmold Neustadt, Germany and Central Washington University, USA. European Commission expert - project "Reform of initial and continuous training of the Police system In the Republic of Moldova", 19-25 May 2019, 16-20 September 2019. Expert of the European Commission - project "Hate Crimes 2022-2024. Author of publications in the field of forensic science, public procurement and social security. ORCID: 0000-0002-9486-6168, e-mail kamil_samiczak@op.pl.
Damian Robert Jaworski Damian Robert Jaworski PhD student, Doctoral School of the Cardinal Stefan Wyszyński University in Warsaw, trainee of the National School of Judiciary and Public Prosecution in the 13th year of the prosecutor's apprenticeship.

DOI: https://doi.org/10.5937/nabepo29-44868

Abstract

SUMMARY

The subject of this article is consideration of recent changes in the criminal procedure in force. These are two resolutions of the Supreme Court of October 13, 2021, ref. no. no. I KZP 1/21 and of November 9, 2021, ref. no. act I KZP 3/21. After their issuance, the Act of 17 December 2021 amending certain acts in connection with the establishment of the Central Bureau for Combating Cybercrime (Journal of Laws of 2021, item 2447), Art. 236b, which makes the cited resolutions outdated. Instead of a blockade, the funds on the account may be actually covered by recognizing them as evidence, but this should only take place in the event of the ultima ratio, i.e. after the maximum duration of the transaction suspension or account blocking period has been exhausted, with simultaneous impossibility of using property collateral. This possibility applies to both fiat and virtual currencies.

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