O tzw. oszustwie komorniczym kilka uwag
About the so-called bailiff fraud – a few comments

Summary/Abstract: The paper aimed to answer the question of whether the creditor’s conduct consisting in misleading a bailiff as to the existence of a monetary claim covered by an enforcement order can be treated as constituting fraud according to Article 286 § 1 of the Penal Code. In the study, in addition to the analysis of the criminal law (carried out from the perspective of the questions characteristic for the various stages of the process of criminalization), there are considerations on the nature of the enforcement proceedings and the creditor’s civil liability for unlawful initiation and support of enforcement. The considerations lead to the conclusion that the behaviour of a creditor who submits an application for enforcement to obtain an undue benefit in this way or supports enforcement even though the benefit has already been fulfilled, may be qualified as exhaustive features of the offence of classic fraud and, consequently, not only result in both civil and criminal liability.

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