Monitor Prawniczy

no. 14/2015

Compensatory (restitutive) discontinuation under Art. 59a of the Penal Code – its application rules and related interpretational problems

Robert Zawłocki
Abstract

The article refers to the institution of compensatory (restitutive) discontinuation, laid down in Art. 59a of the Penal Code, which is totally new to the Polish criminal law. It is a manifestation of the compensatory function of criminal law and so-called restorative justice. The provision of Art. 59a of the Penal Code gives rise to many questions concerning the proper rules of its application, and the author answers the major ones. It is worth acquainting itself with the analysis of compensatory (restitutive) discontinuation as it will be an important and common form of criminal law verdicts.