The manner of determining the damage in cases concerning the offense of abuse of trust under art. 296 of the criminal code – the role of expert opinion

Abstract

The article was devoted to reflections on the manner of the damage in cases concerning the offense of abuse of trust under art. 296 of the Criminal Code associated with the role of expert opinion. The article is focused on the meaning of “significant property damage”, used by the Polish legislator in the art. 296 § 1 of the Criminal Code and the manner of determining the damage. The considerations are based on the assumption, that the damage must take place through the abuse of the authority or by failing to perform duties. The article mentions positions of polish doctrine and judicature relating to the problems of determining the extent and the amount of damage on the basis of art. 296 of the Criminal Code. In the end, the author presents her own opinion in the subject of the role of expert opinion.