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Offences against creditors’ interests in the context of protecting economic activity

creditor debtor economic activity

property object protected under criminal law principle of subsidiarity

The article addresses offences against the legally protected interests of the creditors defined in chapter 36 of the Penal Code in the context of protecting economic activity. The analysis contained herein revolves around identifying the basic criteria for distinguishing the aforementioned category of offences in terms of their object and gives critical consideration to the merits of defining the object more narrowly in relation to property, whose protection is provided for in chapter 35 of the Penal Code. The role of the principle of subsidiarity of criminal and commercial norms – significant to criminal law – has also been emphasized. In accordance with the views taken in the judicial decisions cited by the author, the above-mentioned principle has been supplanted by interpretatio extensiva, which covers not only the typical relations of an economic nature, but also “regular” civil-law relations and, what is more, relations of administrative and legal character

Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego Wydawnictwo Beta-Druk

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ISSN 2080-332X ISBN 978-83-65158-08-6

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