REPARATION OF DAMAGE IN THE POLISH CRIMINAL LAW SYSTEM
REPARATION OF DAMAGE IN THE POLISH CRIMINAL LAW SYSTEM

Summary/Abstract: One of the basic functions of criminal law is compensation. This publication deals with this aspect, understood as the problem of adjudicating various types of compensation for damage against the background of criminal proceedings. Indeed, in the Polish criminal law system, compensation is not limited solely to the issue of reparation of damage and compensation of harm caused by a crime. Criminal courts also adjudicate in cases concerning compensation for wrongful conviction, detention or pre-trial detention, as well as in very specific compensation cases which are conducted on the basis of the Act of 23 February 1991 on the recognition as invalid of judgments issued against persons repressed for activities for the benefit of the independent existence of the Polish State (the so-called "February Act"). In the latter two cases, therefore, it is a question of compensation, or reparation, due from the State Treasury as a result of improper action by public authorities. The article is an attempt at a comprehensive, holistic approach to the title issue.

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