The perpetrator of a crime described in Article 300 § 2 of the Polish Criminal Code (selected issues)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 3
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 3

Łukasz Duśko – M.A., Jagiellonian University (graduate)
Michał Wszołek – M.A., Jagiellonian University (graduate)

---

Full text in PDF (open access)

 

 

Keywords

“debtor crimes”, obligation relationship, constitutive judgments of courts, decisions concerning securing of claims

Summary

The article analyzes the situation of a person capable of committing a crime described in Article 300 § 2 of the Polish Criminal Code. This misdemeanor belongs to the category of the so-called “individual debtor crimes” because only the debtor is an entity capable of committing it. Due to this, and also due to the fact that the debtor is a party to the contract, the article focuses on determining the characteristic features of the contractual relationship and its sources, with emphasis on the constitutive decisions of the courts. The issue of the nature of the legal relationship created by such constitutive decision is presented on the example of the proceedings to secure claims.