Funkcje środków kompensacyjnych w sprawach o przestępstwa przeciwko bezpieczeństwu w komunikacji a system ubezpieczeń obowiązkowych
Functions of compensatory measures in road safety offence cases and the Compulsory Insurance System

Summary/Abstract: This article analyses the functions of compensatory measures, specifically the obligation to redress damage caused by an offence, compensation for non-pecuniary harm and a lumpsum compensatory payment, in cases concerning offences against road safety. In such cases, the functioning of the system of compulsory civil liability insurance must be taken into account, as it provides the injured parties with broad opportunities to obtain compensation from the insurer. While acknowledging the guarantee function of the compulsory insurance system, it is necessary to examine the actual role of compensatory measures in this context. In instances where the perpetrator can expect reimbursement of the sums paid to the injured party under a criminal court order, not only the compensatory but also the justice-related function of these measures becomes problematic. It is therefore worth considering whether, and in what manner, it would be advisable to expand the scope of criminal law responses to road offences, ensuring that the perpetrator experiences the financial consequences of their actions to a greater extent.

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