Abstract

The non-aggregation clause provided for in the provisions of the Code of Criminal Procedure hinders the adjudication of damages to be paid by the perpetrator if the claim effecting from the offense has been considered under the civil procedure. For its application, the non-aggregation clause does not absolutely require that the obligated party is individually identified. As indicated by the Supreme Court, if in civil proceedings a limited liability company has been ordered to compensate for the damage caused by an offense committed by a member of its management board in connection with the performance of their corporate duties, then it is not possible to adjudicate damages to be paid by that member of the management board in the criminal proceedings. This statement is based on the content of Art. 299 of the Commercial Companies Code, which allows to assert subsidiary liability of members of the management board of a limited liability company in civil proceedings. Therefore, since members of the management board of joint-stock companies are subject to Art. 21 of the Bankruptcy Law, which is equivalent to the regulations of Art. 299 of the Commercial Companies Code, in the situation described above the non-aggregation clause is also applicable.