O PROBLEMIE UMIEJSCOWIENIA NAWIĄZKI W SYSTEMIE ŚRODKÓW REAKCJI KARNEJ
ON THE PROBLEM OF LOCATING THE EXCESS IN THE SYSTEM OF PENAL REACTION MEASURES

Summary/Abstract: In the Penal Code of 1997, the legislator initially placed the excess in the catalog of penal measures (Art.39 (6) of the Penal Code), the consequence of which was the adoption of certain strictly defined solutions appropriate to such measures. However, the amendment of February 20, 2015, which gave some criminal measures a completely different meaning, was of significant importance in its evolution, and this was also the case in this case. A new chapter Va "Forfeiture and compensation measures" was then separated, which included some of the existing penal measures, i.e. forfeiture (Articles 44, 45, 45a of the Penal Code), the obligation to redress the damage and compensation for the harm suffered (Article 46 of the CC) and excess (Art. 47 of the Penal Code). As a consequence of this, the forfeiture became a penal measure, and the obli- gation to compensate for the damage and the deficit regulated in Art. 47 of the Penal Code have acquired the nature of compensatory measures. However, the institution of interest is also scat- tered across other provisions of the Criminal Code (including the aforementioned Chapter Va, i.e. Art. 44 § 3 of the Penal Code), also in its specific part. Therefore, there is a need to establish, inter alia, mutual arrangement of the repressive and compensatory elements contained therein. In the article, the author mainly answers the following questions: what is the current nature of the excess after the above-outlined evolution and "revolution" - is it a measure of a criminal reaction, or maybe a civil-law compensation? what is its actual role in criminal law and what are its main functions? and is her presence still necessary in him? The attempt to answer, inter alia, such questions is the subject of in-depth considerations in this publication. The author has made a detailed dogmatic and legal (formal and dogmatic) analysis of the regulations concerning theinstitution of an exemption in the penal code (using a linguistic and logical interpretation), relying on selected views of the doctrine and also assisting in judicial decisions.

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