Uiszczenie grzywny za pracownika – poplecznictwo, niegospodarność czy jedynie wykroczenie?
Paying an employee’s fines − support, mismanagement, or just a misdemeanour?

Summary/Abstract: The article deals with the issue of criminal law valuation of the behaviour of a professional manager of an entrepreneur consisting in paying for an employee a fine imposed on him for committing a crime or a common misdemeanour, as a result of which the effect of the penalty as a personal nuisance imposed on the perpetrator of a criminal offence is thwarted and the entrepreneur loses his assets. The aim of the reflection is to decide whether an entrepreneur may grant legal protection to an employee who, while undertaking business activities for the entrepreneur, commits a punishable act and, in particular, whether a manager, by deciding to incur a fine for an employee, does not expose himself to criminal liability for embezzlement of the entrepreneur's assets (Article 296 Criminal Code). The study uses a formal-dogmatic method of research, which is determined by its subject. In the final conclusions it was indicated that the payment of a fine by a manager does not exhaust the statutory elements of the offence of hustling (Article 239 § 1 CC); in some cases, however, it may be qualified as an offence of mismanagement under Article 296 CC.

• Details
• Contents