Legislator Case Law & Legislation
II K 562/18 AI generated

Court dismisses prosecution for accounting omission due to negligible social harm from a non-operating company.

Case Number II K 562/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the criminal proceedings against R. K., a sole director, for failing to submit a financial report for a non-operating company. Although the defendant argued he was unaware of the obligation due to the company's lack of activity, the court found this justification insufficient given his professional role. Consequently, the prosecution was terminated because the social harm caused by the omission was deemed negligible under the relevant criminal code provisions.

Legislator headnote

AI generated

Art. 79 pkt 4 ustawy o rachunkowości; Art. 1§2 kk; Art. 17§1 pkt 3 kpk; Art. 414§1 kpk: A criminal act involving the failure to submit financial reports is not punishable if the social harm is negligible, particularly when the entity concerned does not conduct business activities.

Keywords

AI generated
negligible social harm accounting omission sole director liability criminal proceedings termination financial reporting duty non-operating company negligence standard

Cited Legislation

AI generated
Art. 79 pkt 4 ustawy z dnia 29.09.1994r. o rachunkowości
Art. 1§2 kk
Art. 17§1 pkt 3 kpk
Art. 414§1 kpk
Art. 632 pkt 2 kpk

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