Abstract

The publication criticises the assessment, expressed in the Supreme Court decision of 4 April 2022, II KK 22/22, and present in criminal law literature, which recognises a legal representative as an offender under Art. 296 § 1 of the Penal Code. It seems that the rules nullum crimen, nulla poena sine lege do not allow for assuming – against the principles of civil law – that a power of attorney arises from a contract and at the same time obliges the representative to deal with somebody else’s business.