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Some comments on criminal liability of heads of responsible bodies or organisational units of such bodies for their failure to request initiation of preliminary proceedings


Ochman, Piotr



Subject and Keywords:

criminal law ; criminal liability of public officers


The article deals with a relatively new issue of the responsibility of the head of the responsible executive or an organisational unit of it for the breach of the obligation to submit a request for an inquiry. This issue became particularly interesting after the entry into force of the Act on Financial Liability of Public Officers for Gross Violations of Law, due to its introduction into the Polish legal system, a special legal regulation which is the basis for prosecution in this field. The author presents the relationship between the breach of the duty of an administrative obligation and criminal liability of persons obliged to submit a request for an inquiry into the rights of recourse in the case of payment of compensation by the State, unit of local government or other legal entity. The author analyses the problems indicated above, not only from the standpoint of the validity of the adoption of specific dogmatic solutions, but also in terms of their compliance with the rules of the criminal legislation.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego


Kalisz, Tomasz. Red.

Date issued:



ISSN 2084-5065 ; ISSN 0239-6661


pol ; eng


Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 28, 2012, s. 89-108

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2012

Autor opisu:

WR U/PAdbg