Compensatory nature of the institution from art. 46 § 1 of the Polish Penal Code and the court’s obligation to award interest from the date of damage

Wyrok Sądu Apelacyjnego w Warszawie z dnia 5 września 2018 r., II AKa 211/18

Abstract

The commented decision of the Court of Appeal in Warsaw touches upon issues related to the correct recognition of the legal nature of the compensatory measure in the form of the obliga- tion to redress damages under art. 46 § 1 of the Polish Penal Code, and the possibility of taking into account by the criminal court when applying this measure an obligation to pay interest on a fixed amount of money due to the victim. The resolution of the discussed issue in the current legal framework shaped by the Act of 20 February 2015 amending the Act – Criminal Code and some other acts, presents difficulties in judicial practice, in which a discrepancy of positions as to the possibility of ordering statutory interest can be observed. The author analyzes the argu- ments presented by the Court of Appeal in Warsaw in relation to the possibility of awarding