Solidarny przepadek korzyści majątkowej.
Joint and several deprivation of material benefit.
Author(s): Piotr StarzyńskiSubject(s): Criminal Law, Civil Law, Penal Policy
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: deprivation of property; deprivation of material benefit; confiscation; extender confiscation; joint and several debtors; joint and several obligations; securing of property; presumption;
Summary/Abstract: “(…) The penal measure, described in the section 45 § 1 of Polish Criminal Code - forfeiture of financial benefits or its equivalent, is applied by the court in parts, according to results of findings of facts, whenever a financial benefit was achieved by accomplices. When exact division of shares in a benefit is impossible, the forfeiture of financial benefits or its equivalent shall be done in equal parts.” This is possible according to statement of Polish Supreme Court. The Author deliberates on legitimacy of this argument. He also analyzes actual regulations of Polish Civil Code and Polish Criminal Code and forward proposals the possibility of modification of presumptions functioning in Polish Criminal Code. Due to limited volume of the paper presented, shows that new regulations in matter discussed shall be deeply analyzed. The solutions proposed in paper presented shall be only an invitation to discussion on presented idea, especially from constitutional point of view.
Journal: Journal of Modern Science
- Issue Year: 16/2013
- Issue No: 1
- Page Range: 393-413
- Page Count: 21
- Language: Polish