In the Court of Cassation appeal, the lawyer Mr. Hoss, alias Arkadiusz Ł., requested, inter alia, that the judgment in question be set aside and that the case be discharged for reconsideration, pointing out that: There were many questions about the legality of the wiretapping, which became the main evidence in the case.
On the other hand, the prosecutor's office pointed out the following, among other things, in its appeal for reversal. This is a serious violation of the law in improperly considering the arguments made in the defense's appeal. Furthermore, according to prosecutors, the Court of Appeal incorrectly applied this provision to Mr. Arkadiusz to control the content of his telephone conversations and to consent to research, assuming that it had been incorrectly applied and led to his acquittal. If you interpret it, you should be found not guilty. For the finding that the convicts were operating as part of an organized criminal group and that the court's consent above was correctly applied.
“Granddaughter Mafia King” incident. the Supreme Court decided
On Thursday, the Supreme Court took up the case of the “granddaughter mafia king” and dismissed both Court of Cassation appeals, deeming them baseless.
In his justification, Judge Andrzej Tomczyk focused on the issue of wiretap evidence. He stressed that any wiretapping activity that indicates a specific person or the performance of a specific act is admissible not only as evidence of the fulfillment of the principles of criminal procedure law, but also as evidence of compensation to victims.
– Of course, it would be ideal if this could actually happen, but it's not always possible. As a result, extensive restrictions on the freedom to use wiretapping, whether operational or procedural, have been introduced in criminal proceedings rather than criminal proceedings. Only Polish ones, said the judge.
He said that since the suspect at the time was already the subject of preparatory procedures, the case file showed that the wiretapping that served as evidence of the assault and the basis for Mr. Arkadiusz's conviction was a wiretapping carried out as part of the operation. He pointed out that it was clearly shown. In Germany, he was prosecuted by the local public prosecutor's office.
Arkadiusz case: Justification of the court
The judge added that the consent decision shows that the consent was issued on the basis of: Regarding Article 237, Paragraph 2, pursuant to Article 3 of the Code of Criminal Procedure, this relates to organized criminal groups and property of significant value. “This also means that the court consented to the wiretapping operation of certain persons, including Mr. Arkadiusz, at the request of the German Public Prosecutor's Office addressed to the Warsaw District Public Prosecutor's Office,” the judge said.
He explained that in assessing the annulment appeal, it is important to justify the actions of the Poznań Court of Appeal, which stated that some of the acts assigned to Arkadiusz by the court of first instance were incorrectly assigned. did. Because they were not involved in catalog crimes.
– The prosecutor's controversial decision to call this act a “serious violation of the law” in the appeal for annulment cannot withstand criticism, as this provision requires strict interpretation. The judge pointed out that this should not be an expansive interpretation.
He said that when it comes to organized crime groups, wiretapping is related to a specific part of their operations, and that if they are accused of activities within an organized crime group, “smuggling other types of prohibited activity is prohibited. He made it clear that there was no way he could do it. That will happen as a result of this eavesdropping. ”
“Although wiretapping may be carried out, it only refers to this activity, but the results of this wiretapping cannot be applied to or legitimized other crimes outside the catalogue,” the judge emphasized.
“Granddaughter mafia king'' charged with extortion of money and goods
Arkadiusz, code name Hoss, was charged by prosecutors with numerous counts of fraud and attempted fraud between May 2013 and April 2014. “Hoss” was part of an organized crime group operating in Warsaw, Switzerland and Germany, extorting money and jewelry totaling approximately $1,000. Zlotia Kadiusz allegedly deceived his interlocutors by impersonating close friends and family members. The defendant maintained his innocence and refused to testify in court.
In February 2021, the Poznań District Court illegally sentenced Arkadiusz to six years and six months in prison. The court also ordered the defendant to pay damages.
Prosecutors appealed the verdict, calling for a total of 13 years in prison for Arkadiusz, citing the gross disproportionateness of the sentence imposed. In response, the defense requested either the defendant's acquittal or the trial court's decision to be overturned and the case reconsidered.
Court ruling regarding Hoss
In April 2023, the Court of Appeal in Poznań issued a final judgment on the case. The court acquitted Arkadiusz of committing six of the nine acts he was accused of. The remaining cases resulted in a total sentence of six years in prison.
In its justification, the court stated that in addition to Polish law enforcement agencies and courts, there were also a number of foreign organizations in Germany and Switzerland in this case, and that the defendants were active in Poland and associated with nine people. I remember being charged with fraud. Lives in Germany and Switzerland.
Five of these acts were classified as fraudulent under Article 2. 286 Article 1 of the Foot Penal Code, the so-called basic type. This means that the damages did not individually exceed the equivalent of PLN 200,000. Zloty. The remaining four acts are frauds involving property of significant value, exceeding PLN 200,000 in each case. Zloty.
The judge pointed out that the issue of the use of wiretap materials caused a lot of doubts between the parties, which ultimately led to the change of the Poznań District Court's decision.
In its justification, the SA also stated that consent to wiretapping was only permitted for two types of offenses: participation in an organized crime group and large-scale property fraud. I also remembered that they were different. The amount had to exceed PLN 200,000. PLN, Art. 237 par. Article 3 of the Code of Criminal Procedure excludes the interception of proceedings in respect of situations involving small amounts of money.
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