Monitor Prawniczy

no. 11/2019

Interpretation of civil law concepts with respect to the criminal law obligation of redress for damage

DOI: 10.32027/MOP.19.11.3
Justyna Fibinger-Jasińska
Autorka jest asesorem sądowym Sądu Rejonowego w Cieszynie, wykładowcą Wyższej Szkoły Finansów i Prawa w Bielsku-Białej.
Abstract

The article is focused on an analysis of typical civil law concepts which occur in the realm of criminal law, in particular with respect to the compensatory measure of the obligation of redress for a damage. Many concepts associated with the compensatory obligation are rooted in civil law. It should be noted that ever more frequently they are also used in criminal law. A question arises whether in the interpretation of specific concepts they should be understood in the sense they have in their source branch of law, or should be interpreted in a way typical of criminal law heeding the fact that this branch of law has its own rules and is to fulfil specific functions. With a view to the presentation of basic assumptions of the interpretation of individual concepts a question arises whether civil law terms, such as e.g. “damage” or “injury” may be used in criminal law without any modifications, or the specificity of this branch of law requires certain modifications for their usage.