Published: 2018-01-10

Transformations of the Entities and Succession of Rights of the Injured Party in Criminal Proceeding

Małgorzata Żukowska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2017.17.2.08

Abstract

Summary

The article discusses the issue of succession of rights of the injured party in criminal proceeding in case of transformation of the legal entity into another entity. The first part of the article focuses on the definition of the injured party. The further part contains several examples of transformations of legal entities and related to the transformation – problem of succession of rights in criminal process. The author analyzes in detail the different variants of the transformation of legal persons and other organizations in order to solve recent problems in determining the subject entitled to exercise the rights of the injured party, for example, in case of disposal of the company or its transformation. Moreover, the author provides consequences of the transformation that is dependable on the way of transformation – whether the transformation was based on the universal or singular succession of the rights. The final part contains de lege ferenda demands and general principles that may be useful to court and law enforcement entities in determining the entity which should be given the status of the injured party, if it is not a natural person.

Keywords:

the injured party, exercise of the rights of the injured party, compensation, company transformation, company, business enterprise, trustee, bankruptcy estate, universal succession, singular succession.

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Citation rules

Żukowska, M. (2018). Transformations of the Entities and Succession of Rights of the Injured Party in Criminal Proceeding. Zeszyty Prawnicze, 17(2), 161–188. https://doi.org/10.21697/zp.2017.17.2.08

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