In this article the author considers the possibility to acknowledge waiver of the defence of limitations as the circumstance which can meet the element of the criminal fraud described in article 286 § 1 of Polish Penal Code which is the disadvantageous disposition of property. The Author shows the mutual dependence between civil dispositive act and disposition of property within the meaning of criminal law, elaborates the institution of the statute of limitations, the defence of limitations and waiver of the defence of limitations. Finally he points out some arguments in favour of possibility to recognize the act of inducing someone to waiver the defence of limitations as the act which could meet the element of criminal fraud which is the inducement to the disadvantageous disposition of property.
Aug 13, 2020
Jun 18, 2020
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