Monitor Prawniczy

no. 2/2023

Freezing of a bank account under the provisions of Art. 86.9, Art. 86.11a and Art. 86.13 of the Act of 1 March 2018 on Counteracting Money Laundering and Financing of Terrorism – selected issues

DOI: 10.32027/MOP.23.2.3
Michał Snitko-Pleszko
Autor jest aplikantem radcowskim w OIRP w Warszawie.
Abstract

The article is an attempt to provide the reader with an insight into selected aspects of the Polish AML/FM Act in the context of prerequisites for freezing bank accounts for an unlimited period of time, following two six-month statutory periods. The author presents a common practice in this respect, assesses it in terms of compliance with the entire system of civil law protection of ownership developed after 1989 in Poland and the principle of criminal procedure of free assessment of evidence. Next, the author outlines his de lege ferenda interpretation of the abovementioned provisions of the AML/FM Act, which - in his opinion - would not provide room for the currently common violations and would in no way obstruct the ongoing investigations in the AML area .

Keywords
money laundering, substantiated suspicions, blocking, foreign capital, economic justification, I KZP 1/21, money laundering account, settlements with foreign nationals, legislation process, counteracting money laundering