Monitor Prawa Handlowego

no. 1/2013

A criminal complaint against actions taken towards a controlled entity during a search conducted in the proceedings before the uokik president

Andrzej Gąsior
Autor jest aplikantem adwokackim w ORA Warszawa, współpracuje z SALANS D. Oleszczuk Kancelaria Prawnicza Sp.k.
Abstract

The objective of this article is to present a scope of reference to the provisions of the Code of Criminal Procedure, included in Art. 105c.4 of the Competition and Consumer Protection Act, especially to Art. 236 of the Code of Criminal Procedure, which provides for the possibility to challenge “other actions” undertaken in the course of a search by filing a complaint. The author introduces the views on the matter previously expressed both in doctrine and jurisprudence. Subsequently, he subjects them to criticism and sets forth arguments which, in his opinion, make it possible to assume that this particular complaint is admissible and even necessary for the implementations of constitutional standards and obligations assumed by the Republic of Poland under international conventions.