PRZEPADEK PRZEDSIĘBIORSTWA JAKO ŚRODEK REAKCJI KARNOPRAWNEJ
ENTERPRISE FORFEITURE AS A MEANS OF PUNITIVE RESPONSIVENESS

Summary/Abstract: One of the main motives behind the legislator's implementation of enterprise forfeiture was to increase the effectiveness of combating economic crime, as set out in Directive 2014/42/EU. This article aims to analyze the forfeiture of an enterprise under Article 44a of the Penal Code, considering it to be a highly punitive means of criminal law responsiveness with a multidimensional normative structure. Theoretical considerations indicate that the enterprise forfeiture is controversial, particularly with regard to its potential application to owners who are not the perpetrators of the crime. From a practical point of view, the Ministry of Justice statistics show no rulings for enterprise forfeiture between 2019 and the first half of 2023.

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