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V.B. was tried on the charge of attempted importation of a considerable amount of intoxicated substances in the form of 93,084.52 kg of heroin on 8 March 2014 into the territory of Poland across the Polish border in Dorohusk acting jointly and in mutual cooperation with other persons. Heroin was hidden in a deliberately made cubby-hole located in the Volvo truck tractor’s trailer. V.B.’s plan failed because he was rejected entry into Poland by the Border Customs Service and his car was seized by the Border Guard offi cers, i.e. he was charged with the commission of an act under Art. 13 § 1 of the Criminal Code in connection with Art. 55 par. 3 of the Act of 29 July 2005 on Counteracting Drug Addiction. Regional Court in (...) found the defendant guilty as charged in the judgment of 30 January 2015 in the case IV K .../14, eliminating complicity from the description of the attributed act and sentencing him to ten years of deprivation of liberty. Th e judgment was challenged in the appeal submitted by the defendant’s three defence counsels.

Commentary on the Judgment of the Supreme Court of 14 December 2016 (Ref. No. III KK 152/16)