Specializations

Case of Theft and Robbery

Criminal cases involving theft or robbery are among the most emotionally taxing proceedings. Polish law provides for severe penalties for such acts, including fines and restrictions on liberty.


At Haber&Haber, we understand that each case requires an individual approach, thorough analysis, and skillful development of a defense strategy. Our role is not only to provide substantive support based on the provisions of the Penal Code and the Code of Criminal Procedure, but also to be present alongside the client at every stage of the proceedings.

How are theft proceedings conducted

The proceedings concerning theft are primarily governed by Article 278 § 1 of the Penal Code, which stipulates that the mere appropriation of someone else's movable property constitutes a crime punishable by imprisonment. The legislator has envisaged various types of theft, each assessed differently. Classic theft is treated differently from burglary, where security measures are breached, and even harsher consequences are threatened in the case of so-called robbery, where the perpetrator uses violence to retain possession of the stolen item.

 

Art. 278 § 1 of the Penal Code

“Whoever takes someone else's movable property with the intent to appropriate it, shall be subject to imprisonment for a period of 3 months to 5 years.”

 


The course of the proceedings can be divided into several stages. Initially, the investigating authority (usually the police) undertakes verification activities and secures evidence. Subsequently, preparatory proceedings are initiated, during which witnesses, experts, or the suspect themselves are interrogated. Our law firm participates in these activities, ensuring that the Client's rights are duly respected. At this stage, it is also possible to submit evidence motions, which may play a significant role in the subsequent trial. The next phase is the prosecutor's decision to file an indictment with the court or (under certain circumstances) to discontinue the proceedings.


A well-prepared defense strategy can be decisive for the outcome of the case. The analysis of the value of the property, the circumstances of the act, or the perpetrator's intent are of great importance in assessing whether a crime has been committed under criminal law.

 

What to do after being detained for robbery?

 

Robbery, described in Article 280 of the Penal Code, is an offense of a decidedly more serious nature than ordinary theft. It involves the use of violence against a person, the threat of its immediate use, or rendering a person unconscious or defenseless to commit theft. The legislator has prescribed a penalty of imprisonment from 2 to 12 years, and in the case of using a weapon – from 3 to 15 years. Every robbery case requires immediate action and professional defense.

 

Art. 280 of the Penal Code

“§ 1. Whoever commits theft using violence against a person or threatening its immediate use or rendering a person unconscious or defenseless, shall be subject to imprisonment for a period of 2 to 15 years.

§ 2. If the perpetrator of the robbery uses a firearm, knife, or other similarly dangerous object or incapacitating means, or acts in another way directly endangering life or together with another person who uses such a weapon, object, means, or method, shall be subject to imprisonment for a period of 3 to 20 years.”

 

 
After being detained by the police, it is important to remain calm and remember a few principles:

 

  1. Right to an attorney – the detained person has the right to immediate contact with a defense counsel. In our law firm, we take immediate action, ensuring presence during interrogations and developing a procedural strategy. Sometimes, the family can appoint a defense counsel even before the initial activities.
  2. Silence as a defense strategy – the suspect has the right to refuse to provide explanations. Sometimes this is the best procedural tactic, especially when the detainee is not yet aware of the evidence gathered by the law enforcement authorities.

In the event of detention, the timing of the response is also crucial. The sooner a defense counsel is engaged in the case, the greater the chance that evidence motions or legal arguments will have a real impact on the decisions of the prosecutor and the court.

 

Theft Attorney


Our law firm handles cases involving allegations of theft in various forms. There are cases concerning classic appropriation of someone else's property, theft combined with burglary, and also robbery involving an element of violence. Each of these acts requires a different defense strategy and a different approach to the collected evidence.


The role of an attorney in such cases is not limited to court representation. Our lawyers analyze all the circumstances of the act, assess whether there are grounds to classify it as a misdemeanor (in the case of low-value property), and also check whether the law enforcement authorities have violated procedures. In many situations, it is precisely errors in the preparatory proceedings that can determine the effectiveness of the defense.

 

Robbery Attorney


Robbery is one of the most serious offenses against property, which simultaneously violates the safety of the injured party. Cases of this type require exceptional precision, experience, and knowledge of court practice. In our law firm, we undertake the defense in robbery cases, ensuring that the Client is fully aware of all legal consequences and possible procedural solutions.


An attorney specializing in robbery cases evaluates the evidence in terms of the credibility of witness statements, surveillance recordings, or expert opinions. It is also crucial to examine whether violence was indeed used within the meaning of Article 280 of the Penal Code, or whether the situation qualifies differently. All of this is of great importance for the severity of the threatened penalty.


Our goal is always to develop a strategy that realistically increases the client's chances of a favorable outcome of the proceedings. Sometimes this means fighting for acquittal, other times striving for extraordinary mitigation of the penalty or negotiating the terms of voluntary submission to punishment. In each of these situations, we act with full commitment, taking into account both the provisions of the Penal Code and court practice. Contact us if you need professional support in a case concerning theft or robbery.

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