Criminal proceeding


Criminal proceeding concerning Huta Łaziska as the wronged party has been definitely finished.

 

On 28th October 2016 the Court of Appeal in Katowice, II Criminal Division, after examining the case II AKa292/16 following the prosecutor’s appeal against the sentence of the District Court in Katowice of 15th October 2015 (V K 123/11) upheld the challenged the acquitting sentence for all 4 accused persons.

 

 

By the sentence of 15th October 2015, the District Court in Katowice acquitted Huta Łaziska S.A. former management board and supervisory board members of the alleged crimes. Also, the person acting as Gemi's CEO at that time (Gemi in 1999 acquired shares of Huta Łaziska) was acquitted of the alleged crimes (1) appropriation of property. (2) acting to the detriment of the company and causing considerable property damage of the total amount of PLN 67 m, (3) depletion of the company's creditors’ satisfaction and preference of some creditors in situation of bankruptcy threat.

 

The Court of Appeal noticed that “the allegations risen by the Prosecutor proved to be groundless, therefore the appeal did not deserve consideration”. Moreover, the court's opinion “in the said issue there were clearly no grounds for attributing fault to the accused for committing crimes alleged in the indictment. Yet upon the description of the alleged acts and reasoning included in justification of the indictment it is clear that the described acts must not have fulfilled criteria of offence.”

 

The sentence is final and legally binding. The sentences in the attachment.

Wyrok uniewinniający Sąd Okregowy.pdf

Wyrok uniewinniajacy Sąd Apelacyjny.pdf

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