Granice kryminalizacji przestępstwa wyzysku kontrahenta (konsumenta) z art. 304 § 2 i 3 Kodeksu karnego
On the limits of criminalization of the crime of contractor’s (consumer’s) exploitation under Art. 304 § 2 and 3 of the Penal Code

Summary/Abstract: The author discusses new types of contractor’s exploitation crime introduced into the penal code, which has been adapted to prosecute typical modern usury crimes, i.e. payday loans. They significantly extend the criminal liability of perpetrators for demanding undue benefit under a civil law contract (e.g. loan, credit). In practice, employees of companies offering loans and credits to consumers may be subject to criminal liability for the said offences. Due to the short period of vacatio legis and the understandable lack of judicates, there is a need for the doctrine to interpret the newly introduced criminal law and to define limits of liability.

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