Criteria for determining the disadvantageous character of the property disposition under Article 286 § 1 of the Polish Criminal Code

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

Tomasz Kyś - Ph.D. candidate, Jagiellonian University, Chair of Criminal Law; trainee in the National School of Judicary and Public Prosecution

---

Full text in PDF (open access)

 

 

Keywords

fraud, property disposition, error, crimes against property

Summary

The article begins with a normative analysis of selected elements constituting the crime of fraud as stated in Article 286 § 1 of the Polish Criminal Code. Results of this analysis serve as grounds for a critical evaluation of the contemporary approaches to the interpretation of the disadvantageous character of the disposition of property. After questioning those approaches, an original interpretative proposition is set forth. Author argues that in order to determine the disadvantageous character of disposition of property it needs to be examined whether all the circumstances arising from the disposition are at least equivalent to such possible predictions and expectations that an objective person who knows the traits and situation of a particular victim would consider justified in view of undertaken property disposition.