Commentary to the Supreme Court decision of 6 December 2017, V KK 240/17 (a crime of fraud by concealing information)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 3
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 3

Jędrzej Liberacki - M.A., Jagiellonian University (graduate)

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Keywords

fraud, legal duty, concealment, misleading, exploitation of other person’s error, omission

Summary

The commented judgment concerns the issue of criminal liability for committing a crime of fraud by concealing information regarding the actual economic situation. The author criticizes the Supreme Court for the lack of distinction between the exploitation of error and misleading. In particular, the statement on the fulfillment of both elements, exploitation of error and misleading, is questioned in cases when the perpetrator intentionally conceals from the other party to the contract an objectively existing situation that affects the ability to follow the terms of this contract.