Criminal liability for performing the banking operations without authorization

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Łukasz Duśko - Vth year student, Jagiellonian University

---

Full text in PDF (open access)

 

 

Keywords

banking law, the performance of banking activities without authorization, normative clause, the concurrence of legal provisions, criminal sanction

Summary

This paper concerns the interpretation of the objective and subjective elements of a prohibited act described in Article 171 Section 1 of the Banking Act. Criminalization provided by this regulation applies to cases of the performance of banking operations without authorization. This study presents the interpretation of the elements of this type of a prohibited act with special concern to the problems arising in the case law (not excluding issues of the concurrence of criminal law provisions and criminal sanctions).