Przestępstwo uchylania się od wykonania orzeczonego przez sąd środka kompensacyjnego jako instrument wsparcia pokrzywdzonego: uwagi na tle porządków prawnych wybranych państw europejskich
The crime of evading the execution of a compensatory measure ordered by a court as an instrument of support for the aggrieved party: Comments in the context of the legal orders of selected European countries

Summary/Abstract: The basic pillars of restorative justice include the victim's right to compensation and the perpetrator's obligation to repair the damage caused, which should aim at making the perpetrator aware of their guilt and understanding the consequences of the crime. A practical dimension of applying restorative justice may therefore be financial restitution for the aggrieved party. In the Polish legal system, the legislator defined the provision of Article 244c of the Penal Code, which entered into force on 1 October 2023, as one of the manifestations of restorative justice. The study aims to assess the new regulation in the Polish legal system regarding the crime of evading the execution of a compensatory measure ordered by the court as an instrument to support the aggrieved party in obtaining compensation. To this end, the authors identify the reasons for introducing the discussed standard and analyse it. The article uses dogmatic and comparative law methods. The most important conclusion from the analysis is the fact that the adopted solution improves the actual situation of the aggrieved party, who has received an important instrument to persuade the perpetrator to fulfil their obligation when they evade the execution of a compensatory or exemplary measure ordered by the court. The article also includes de lege lata observations and de lege ferenda postulates related to the regulation of Article 244c of the Penal Code and presents an evaluation of this regulation in the context of the legal orders of selected European countries.

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