Interes spółki kapitałowej a przestępstwo karalnej niegospodarności
Capital partnership interest and punishable mismanagement

Summary/Abstract: The article concerns the difficult aspect between penal and commercial law in terms of legal protection interest of capital partnerships by penal law. One of the major interpretation problems in this matter we can see the meaning of the interest of a company. And therefore it is worth making an analysis of how the interest of capital partnership is interpreted in commercial law and or this interpretation matters mismanagement described in articles 296 of the Polish Penal Code. In this provision of penal law, a partnership interest is under legal protection. Additionally, an analysis will be done concerning what autonomy has penal law at the process of interpretation penal rules closely related to rules outside this branch of law. In final it will be found that interpretation of company interested in commercial is binding at penal interpretations. But because of the complicated structure of crime, execution of illegal shareholder’s resolution can not be treated as committing of mismanagement crime.

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