Compensatory measure in the form of adjudication of the obligation to repair damage or compensation – civil law analysis

Abstract

The Polish legal system, despite the fact that it consists of a number of separate branches, in many situations these fields intermingle. The crux of the problem lies in the possibility of using legal institutions by a particular branch of law, systemically assigned to another of them. The conducted interpretation of Article 46 1 of the Criminal Code and the analysis of the statements of the science of law and the judicature lead to the conclusion that the concept of „application of civil law” on the grounds of this regulation is not limited to only a few provisions of the Civil Code, but orders to take into account a wide variety of legal solutions. In addition, the current construction of the compensation measure in question leads to the thesis that criminal courts should fully and definitively adjudicate on the obligation to repair the damage caused by the crime or to compensate for the harm suffered.