PRZESTĘPSTWO TZW. OSZUSTWA UBEZPIECZENIOWEGO (ART. 298 KODEKSU KARNEGO) - UWAGI ZASADNICZE
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Date
2001
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Wydział Prawa i Administracji UAM
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INSURANCE FRAUD (ART. 298 POLISH PENAL CODE)
Abstract
At the outset of the article the Author critically discusses terminological issues related to the
Article 298 of the Penal Code. The offence of staging an accident in order to obtain an indemnity has been included in chapter XXXVI Penal Code, which means that it has been classified as an
offence against economic relations. The proper object of protection is in this case the security of
economic relations, while the direct object of protection is the convenience of insurers and the
closely related and mutually conditioning interests of both insurers and the insured parties. Later
on in the article the Author focuses upon the offence subject and the features determining the
enforcement proceedings. Finally, he deals with the subject since he considers that an offence
specified in Art. 298 of the Penal Code is an oriented offence, which means that it is determined by
a specific aim (obtaining the indemnity). The Author also discusses the institution of the so-called
active repentance, according to which a person is not liable to a penalty if he voluntarily prevents
the payment of indemnity before the beginning of the proceedings.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 4, s. 79-87