Possible irregularities in enforcement proceedings in Bolesławiec. Case time-barred before it reached investigators

Enforcement proceedings from years ago under scrutiny

The case concerns enforcement proceedings conducted in 2014–2015 by a bailiff operating at the District Court in Bolesławiec. During the proceedings, a property consisting of more than one hundred plots, with a total area of nearly 13 hectares, was auctioned. The asking price was more than PLN 3.4 million.

The notification submitted to the prosecutor’s office in 2023 pointed to possible irregularities involving the failure to disclose a significant mortgage-secured claim.

Prosecutor’s office: the statute of limitations makes an investigation impossible

The Bolesławiec District Prosecutor’s Office determined that the described action could constitute an offense under Article 231 of the Criminal Code, namely exceeding the powers of a public official. At the same time, however, it refused to open an investigation. The reason: the statute of limitations.

Under the applicable regulations, the punishability of this type of offense expires after five years. In this case, the period expired in 2020, before the notification reached the law enforcement authorities.

Mortgage worth tens of millions

The documents mention a mortgage amounting to more than PLN 36 million. This does not mean that the debt was that large—it is only the maximum secured amount. The key question is whether information about this encumbrance was properly taken into account during the sale of the property.

For a buyer, the key issue is not who will receive the money from the sale of the property, but whether they have full knowledge of its legal status. Even if most encumbrances expire after the auction, information about mortgages may affect interest in the tender and the final price.

The key question: why so late?

The prosecutor’s decision closes the way to criminal proceedings, but at the same time raises the question: why did the case reach the law enforcement authorities only several years after the enforcement proceedings ended? The person who filed the notification did not answer this question.