Monitor Prawa Handlowego

no. 1/2013

Are penal provisions necessary in the Commercial Companies Code?

Robert Zawłocki
Autor jest Kierownikiem Katedry Prawa Karnego WPiA w Poznaniu, specjalistą z zakresu prawa karnego gospodarczego, autorem ponad 100 publikacji naukowych.
Abstract

The title question reveals the doubt entertained by the Author as to the need of maintaining penal provisions in the currently applicable Commercial Companies Code. This article contains a handful of reflections boiling down to justifying a negative answer to that question. Thus, this negative answer becomes a chief thesis of this article. At the same time, however, it should be noted that the issue discussed above is highly complex and multifaceted, owing to which any attempt to resolve it with a simple question and answer is -- if only from the methodological viewpoint -- highly disputable. That is why it should be stressed that the actual goal of these deliberations is to induce a matter of fact discussion on this subject. This is accompanies by a conviction that it is the very doctrine of criminal law that should in the first place make an attempt to resolve this doubt.