Published: 2020-06-30

Presumption of the Criminal Origin of Property (Article 45 § 2 and § 3 of the Polish Criminal Code)

Katarzyna Zaborska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.1.05

Abstract

The subject of this study is regulated in Art. 45 § 2 and § 3 of the Polish Criminal Code, which institutes presumption of the criminal origin of property. The article discusses the recent legislative changes in the scope of these provisions, under the Act of 23 March 2017 amending the Polish Criminal Code and some other acts (Dziennik Ustaw 2017, item 768) and the Act of 20 February 2015 amending the Polish Criminal Code and some other acts (Dziennik Ustaw 2015, item 396). I draw attention to the practical aspects of this institution, including potential problems with the interpretation of the current wording of Art. 45 § 2 and § 3 of the Polish Criminal Code.

The subject of this study is regulated in Art. 45 § 2 and § 3 of the Polish Criminal Code, which institutes presumption of the criminal origin of property. The article discusses the recent legislative changes in the scope of these provisions, under the Act of 23 March 2017 amending the Polish Criminal Code and some other acts (Dziennik Ustaw 2017, item 768) and the Act of 20 February 2015 amending the Polish Criminal Code and some other acts (Dziennik Ustaw 2015, item 396). I draw attention to the practical aspects of this institution, including potential problems with the interpretation of the current wording of Art. 45 § 2 and § 3 of the Polish Criminal Code.

Keywords:

forfeiture; fnancial gain; penal measure.

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Citation rules

Zaborska, K. (2020). Presumption of the Criminal Origin of Property (Article 45 § 2 and § 3 of the Polish Criminal Code). Zeszyty Prawnicze, 20(1), 117–138. https://doi.org/10.21697/zp.2020.20.1.05

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