The investigation into Ireneusz S. established that in 2014 he exceeded his powers and failed to perform his duties while conducting enforcement proceedings against one of the companies in Zawidów.
The proceedings established that the bailiff unlawfully seized more than 8,000 various movable items worth nearly PLN 600,000 at the company’s registered office. These included, among other things, items and equipment necessary for conducting business activity, which were, by law, exempt from enforcement.
The bailiff also seized finished products that were to be delivered to contractors. In addition, he failed to prepare a seizure report for the movable property, which he removed from the company’s premises to an unknown location, where he stored it in a manner that caused partial damage.
Ireneusz S.’s actions worsened the company’s financial condition.
Furthermore, S. continued the enforcement proceedings even though, under the law, he should have immediately transferred them to another bailiff who had previously initiated and was already conducting enforcement proceedings against the company.
The accused admitted that irregularities had occurred during the enforcement proceedings he conducted, and that the manner in which the movable property was seized at the debtor company’s registered office did not comply with procedural regulations.
At the same time, he denied that his actions had been intended to cause damage or any other adverse consequences.
At the preparatory-proceedings stage, the suspect was already compelled to pay PLN 200,000 in compensation for the damage.
In its judgment of 5 February 2019, the District Court in Zgorzelec found Ireneusz S. guilty of the act with which he was charged and sentenced him to one year’s imprisonment, conditionally suspending its execution for a probation period of two years.
The accused was also fined and banned from practising as a court bailiff for three years.
The judgment is not final.
The Regional Prosecutor’s Office in Jelenia Góra also conducted another criminal proceeding against Ireneusz S., in which he was accused of committing a number of offences, including exceeding his powers, concealing documents, misappropriating entrusted property and others. In December 2018, an indictment was filed in that case with the District Court in Zgorzelec.