Legislator Case Law & Legislation
II K 19/21 AI generated

Court acquits manager of gross negligence in energy billing due to lack of personal fault.

Case Number II K 19/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court found the defendant, a company president, not guilty of gross negligence regarding energy billing errors. Although the company suffered significant financial losses due to incorrect VAT invoices, the court determined the Chief Accountant had independent authority to sign these documents without the president's direct involvement. Consequently, the court ruled that the prosecution failed to prove the defendant personally failed in his supervisory duties, applying the principle of resolving doubts in favor of the accused.

Legislator headnote

AI generated

Art. 296 § 1, 3, 4 k.k.; Art. 5 § 2 k.p.k.: A corporate officer is not criminally liable for gross negligence if the specific act was performed by an employee with independent authority, and the officer cannot be held responsible for acts outside their direct control.

Keywords

AI generated
gross negligence corporate liability energy billing doubt in favor of accused severance of duties

Cited Legislation

AI generated
Art. 296 § 1, 3, 4 k.k.
Art. 5 § 2 k.p.k.
Art. 632 k.p.k.
art. 387 k.p.k
art. 296 k.k
art. 632 k.p.k
AI generated

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