Criminal liability for employee negligence requires intent; damages must be precisely defined for each legal basis.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that partially awarded damages to a cooperative against an employee. The court found that the employee's liability under Article 122 of the Penal Code required proof of intent, which was not established given the cooperative's own management failures. Furthermore, the court emphasized that the employer must specify the exact amount of damage for each distinct legal basis of liability, as the scope of responsibility differs significantly between intentional damage and negligence.
Legislator headnote
AI generatedArt. 122 Kodeksu karnego; Art. 124 Kodeksu karnego. Criminal liability for an employee's intentional damage requires proof of intent to cause the specific loss, and the employer must precisely quantify the damage for each distinct legal basis of liability.