The term offence in the provisions of the Code of Civil Procedure Cover Image

Pojęcie przestępstwa w przepisach Kodeksu postępowania cywilnego
The term offence in the provisions of the Code of Civil Procedure

Author(s): Sebastian Kowalski, Magdalena Skibińska
Subject(s): Civil Law
Published by: Instytut Nauk Prawnych PAN
Keywords: offence; civil proceedings; prohibited act; culpability;

Summary/Abstract: The purpose of the study is to determine the meaning of the term ‘offence’ under the Code of Civil Procedure. Hitherto, this issue has not been the subject of comprehensive in-depth considerations in the Polish doctrine. Meanwhile, this term used several times in the provisions of the aforementioned code may be understood in various ways, primarily due to the multiplicity of prohibited acts the commission of which may result in widely understood criminal liability. According to the authors, a narrow understanding of this concept in the provisions of the Code of Civil Procedure is justified what corresponds essentially to the meaning given to it under the provisions of the Criminal Code. Whereas, the term ‘offence’ in the Code of Civil Procedure does not include penal fiscal offences, fiscal petty offences or petty offences.

  • Issue Year: 223/2021
  • Issue No: 1
  • Page Range: 81 - 121
  • Page Count: 41
  • Language: Polish