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Krzysztof Konysz - Law Firm

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Polska
Szczecin
Krzysztof Konysz - Law Firm

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The Law Firm provides aid regarding the civil, penal and administrative law.

06/10/2026

Inadmissibility of imposing a less severe type of penalty on intoxicated repeat offenders

In the case of perpetrators of offenses defined in Article 178a § 4 of the Penal Code, it is impermissible to impose a penalty of restriction of liberty or a fine—by applying Article 37a § 1 of the Penal Code—in lieu of the term of imprisonment prescribed by the sanction of that provision; this follows directly from the provisions of Article 37a § 2 of the Penal Code. This also precludes the possibility of adjudicating such a case via summary proceedings (judgment of the Supreme Court of July 1, 2026, case file no. V KK 176/26).

08/09/2026

Possibility of applying Article 5 of the Civil Code to reduce the amount of a compulsory share

The application of Article 5 of the Civil Code to reduce the amount of a compulsory share cannot be ruled out due to conduct by the person entitled to the compulsory share that is contrary to the principles of social coexistence. Its application requires an assessment of all the factual circumstances of the specific case, closely related to the issue of abuse of law (Supreme Court ruling of 23 July 2026, file reference: I CSK 3494/25).

11/08/2026

Determination of the facility's impact area

When assessing whether real estate is located in the area of influence of the designed facility, one should - as already indicated - bear in mind that the existence of a legal interest resulting from Art. 28 section 2 of the Construction Law, does not depend on whether a given investment will result in exceeding certain standards, but on whether there are legal provisions requiring the examination of the possibility of the investment's impact on neighboring properties (judgment of the Provincial Administrative Court in Poznań of April 22, 2026, ref. no. II SA/Po 931/25).

07/07/2026

Determining the area of impact of a facility

When assessing whether properties fall within the area of impact of a proposed facility, one must—as previously noted—bear in mind that the existence of a legal interest arising from Article 28(2) of the Construction Law does not depend on whether the investment in question will result in the exceeding of specific standards, but rather on whether there are legal provisions requiring an examination of the investment's potential impact on neighboring properties (judgment of the Provincial Administrative Court in Poznań of April 22, 2026, case file no. II SA/Po 931/25).

09/06/2026

Valuing the Harm Suffered

Harm constitutes a set of subjective feelings and cannot be quantified using any objective measure. At the same time, the view that one person's harm can be distinguished as greater or lesser than another's should be criticized. Suffering, exposure to the negative consequences of specific experiences, and the effects that a sense of harm has on a specific person's life cannot be captured and assessed using objective criteria (Supreme Court ruling of 15 April 2025, file reference: I CSK 4520/23).

12/05/2026

Infringement of Personal Rights through Defamation

Infringement of a person's reputation involves accusing a person of conduct or characteristics that may humiliate them or expose them to a loss of trust necessary to perform a specific function, profession, or type of activity. The harm resulting from such a violation is a feeling of discomfort caused by the loss of respect from others. Infringement of a person's reputation occurs regardless of whether the persons who learned of the accusation considered it credible, unreliable, or manifestly untrue (judgment of the Court of Appeal in Szczecin of July 31, 2025, file reference: I ACa 1042/23).

10/04/2026

Attribution of the offense of receiving stolen goods

Attribution of the offense of receiving stolen goods (Article 291 § 1 of the Penal Code) requires each time proof that the item originated from a prohibited act, and this does not mean originating from any unclear, illegal sources, but it is necessary to establish the elements of an act specified in the criminal law by means of which the obtained item was subsequently acquired, assisted in its sale, or assisted in its concealment for such purposes (Supreme Court judgment of 22 May 2024, file reference: IV KK 504/23).

10/03/2026

Definition of "investor"

For the purposes of construction law, an investor is a natural or legal person or other organizational unit that initiates construction activities necessary to implement the intended investment, allocates appropriate funds for the implementation of this activity, performs or ensures the performance of studies and activities required by construction law to prepare for the construction, implements the investment or organizes its implementation, and in the final stage of the activity, performs the activities necessary to commence the use of the completed investment facility or facilities or hands them over to the entity that will commence their use. Therefore, the investor is the organizer of the construction process and subsequently becomes a participant therein (judgment of the Provincial Administrative Court in Warsaw of November 21, 2017, file reference: VII SA/Wa 2949/16).

10/02/2026

Refusal to Testify as support for the perpetrator

If a witness refuses to testify in an unauthorized manner, intending to obstruct the criminal proceedings or agreeing to facilitate the perpetrator's avoidance of criminal liability, then their conduct, regardless of the possibility of applying the measures described in Article 287 of the Code of Criminal Procedure, will constitute support for the perpetrator as defined in Article 239 § 1 of the Code of Criminal Procedure (Supreme Court judgment of May 17, 2022, file reference: IV KK 77/22).

14/01/2026

Fulfillment of the elements of the crime of stalking

The aggrieved party's demands that the perpetrator cease the harassment are not among the conditions that determine the possibility of imposing criminal liability for the act under Article 190a § 1 of the Penal Code. However, their occurrence may illustrate the degree of intensity of the persistent activity (Supreme Court judgment of April 11, 2024, file reference: I KA 24/23).

Adres

Ulica Monte Cassino 19c/2
Szczecin
70-476

Godziny otwarcia

Poniedziałek	09:00 - 17:00
Wtorek	09:00 - 17:00
Środa	09:00 - 17:00
Czwartek	09:00 - 17:00
Piątek	09:00 - 15:00

Telefon

+48604412097

Strona internetowa

https://lawyerinpoland-konysz.com/

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