FORFEITURE IN POLISH CRIMINAL LAW AND THE CONSTITUTIONAL PROTECTION OF PROPERTY SELECTED ISSUES

Abstract

The article contains selected issues concerning the institution of forfeiture in Polish criminal law and its compatibility with the constitutional protection of property. The nature of compensatory measures as a special type of criminal measures is discussed. The above-mentioned issues remain a prelude to those discussed in the following parts of this article and form the foundation of the conclusions, providing a view of the legal order with the historical context and references to constitutional law. The institution of forfeiture is also discussed along with showing the characteristics of corporate forfeiture. Analysing the institution of forfeiture in the Polish criminal law, the prerequisites of its adjudication provided by the legislator in the penal code in force have been indicated. Selected issues concerning the consequences of imposing the forfeiture on the basis of legal regulations and doctrine are also presented. The culmination of considerations undertaken in this article is the juxtaposition of the institution of forfeiture with the provisions concerning the constitutional protection of the right to property. The comments from the doctrine and jurisprudence on the nature of this right, as well as the conclusions, inferences and arguments confirming the fulfilment of the aim of this article are included here. An assessment of the compliance of the substantive criminal law provisions concerning the adjudication of forfeiture with the provisions of the Constitution of the Republic of Poland relating to the protection of the right to property has been indicated, as well as conclusions concerning the intention and expected effectiveness of the institution of forfeiture by the legislator. The article has been developed through the use of the historical-legal and dogmatic-legal method. The aim of this article is to present the discussed measure of criminal reaction in Polish criminal law juxtaposing this issue to the essence of the right to property and its constitutional protection. The existence of the institution of forfeiture is significant in terms of both substantive and procedural criminal law. The present considerations lead to an answer to the question whether the current provisions on forfeiture do not constitute a violation of the constitutional right to property and whether they are compatible with it.