Obligation to repair damage resulting from an offence (article 46) in the criminal code of 1997. A doctrinal and legal international context of the regulation

Abstract

The subject of this study is the institution of the legal obligation to repair damage, which was introduced into the Polish law system together with the passing of the current Criminal Code (hereinafter: KK'97). The institution of the criminal law obligation to remedy the damage resulting from a crime regulated in KK'97 is a part of the broader context of changes in the criminal law paradigm, taking into account the indispensability of the protection of victims' rights in the criminal process, under the influence of victimology and the idea of restorative justice. This means, among other things, that the perpetrator is obliged on the basis of the court's judgment, at the request of the victim or a person representing him or her or by the regulations of the law, to repair the damage caused by the particular act. This paper discusses the following issues in the science of law: Obligation to compensate for the damage caused by a criminal act in the Criminal Code of 1932 and 1969, International legal context of regulating the perpetrator's obligation to repair the damage done to the victim and caused by crime (article 46 of KK), Obligation to compensate for the damage caused by a crime in the light of the provisions of KK'97.