1. The subject of the dispute is the consideration of a cassation appeal filed by a defense attorney against the ruling of the appellate court in criminal proceedings regarding the indictment of a citizen of the Republic of Poland for committing a number of crimes, in particular, fraud and unauthorized interference with the operation of information systems.
2. The Court has concluded that it is necessary to refer the case to the Joint Chamber of the Criminal Cassation Court due to identified discrepancies in law enforcement practice. The panel of judges established that there are contradictions between their interpretation of a legal provision and the position set forth by another composition of the court (the Third Judicial Chamber) quite recently, in March 2026. To ensure the uniformity of judicial practice and eliminate legal uncertainty, the panel deems it necessary to review the previously formulated conclusion. This will avoid situations where courts make diametrically opposed decisions in similar cases. Thus, the issue of the legal qualification of the accused’s actions requires a higher level of judicial generalization. The Court explicitly states that it is initiating a departure from the previous legal position set forth in the judgment of the Supreme Court dated March 9, 2026.
3. The Supreme Court has ordered the referral of the criminal proceedings to the Joint Chamber of the Criminal Cassation Court for the purpose of departing from a previously expressed legal conclusion.
