The application of the anti-accumulation clause in criminal procedure to public – law liabilities – some remarks based on the resolution of Supreme Court no. I KZP 15/16

Abstract

This article mentions the issue of an application of the anti-accumulation clause in criminal procedure to public-law liabilities. The author’s view is critical to the argumentation presented by the Supreme Court. The assumption made in this resolution can lead to double punishment for the same behaviour and does not distinguish the situation between perpetrators, depending on the character of commited injury not the forbidden act. The statement presented in the sentence also raises doubts form the civil law perspective and does not see the position of the victim.