Glosa do wyroku Sądu Najwyższego z 12 kwietnia 2018 r. II KK 411/17
Commentary to the Supreme Court decision of 12 April 2018 II KK 411/17

(the subject of a crime stated in Article 300 § 2 of the Polish Criminal Code)

Summary/Abstract: The author of the commentary critically refers to the thesis of the Supreme Court that criminally liable on the basis of Article 300 § 2 of the Polish Criminal Code (k.k.) is not only a personal debtor but also a person liable to the creditor materially (material debtor). Referring to the second thesis of the Supreme Court, the author of the commentary indicates that a third party within the meaning of Article 527 of the Polish Civil Code (k.c.) due to the lack of a contractual tie with the creditor cannot be classified as a “debtor” for the purposes of Article 300 § 2 k.k. In the author’s opinion, the extraneus figure is an alternative way for assigning to a third party within the meaning of Article 527 k.c. the criminal liability for an offense under Article 300 § 2 k.k. without the need to extend the term “debtor” as was done in the commented judgment.

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