Abstract

The article presents critical comments on the jurisprudence of the Supreme Court, according to which if a victim of an offence has an enforcement title against a commercial law company, then the so-called anti-aggregation clause stipulated in Art. 415 § 1 of the Code of Criminal Procedure prevents adjudicating compensation in criminal proceedings from the defendant who is also a partner in a partnership or a board member of a limited liability company. Moreover, a view has been expressed that the pursuit of the implementation of the idea of restorative justice requires the injured party to obtain an enforcement title in criminal proceedings, while the protection of the defendant's property rights may occur by making a stipulation in the criminal sentence that the payment of damages by the company limits the liability of the defendant by the amount of the payment made.