Nadawanie klauzuli wykonalności obowiązkowi probacyjnemu orzekanemu na podstawie art. 72 § 2 kodeksu karnego
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Date
2013-06
Authors
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Journal Title
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Publisher
Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań
Title alternative
Appending the enforcement clause of the redress of damage stated in the Article 72 § 2 of the Code of Criminal law
Abstract
The study aims on selected problems associated with appending the enforcement
clause on the redress of damage in Polish Criminal law. The difference between the
redress of damage as a penal measure and as a probationary measure outlined by The
Polish Supreme Court is significant for the analysed perspective. The author indicates
that the Supreme Court claims, that a probationary measure enforcement clause could be put on the redress of damage only after the expiration of a period of time appointed by the court to the perpetrator to compensate for the harm caused by a crime. Due to
the outlined interpretation by the Polish Supreme Court the author finds the presented
statement as not rightful due to the wrong interpretation of the law and flagrant infringement of rights of the victims of the crimes.
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Keywords
Criminal law, Supreme Court, redress of damage, enforcement clause, penal measure
Citation
Adam Mickiewicz University Law Review, vol. 2, 2013, p. 131-141
Seria
ISBN
ISSN
2083-9782