Legislator Case Law & Legislation
I PKN 724/99 AI generated

Criminal restitution order not civil judgment if not enforceable; civil claim allowed.

Case Number I PKN 724/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation against a civil judgment awarding damages to a company victim of theft. The court found that the criminal court's order for restitution was not enforceable because the suspended prison sentence had not yet been executed. Consequently, the criminal order did not constitute a final civil judgment, leaving the victim free to pursue the civil claim.

Legislator headnote

AI generated

Art. 107 § 2 KPK; Art. 355 § 1 in fine KPC: A criminal court order obliging an offender to repair damage caused by a crime does not constitute a judgment on civil claims if the order is not suitable for civil execution, thereby not precluding the victim from pursuing such claims in civil proceedings.

Keywords

AI generated
criminal restitution order civil execution suitability non-enforceable judgment double jeopardy prevention suspended prison sentence civil compensation claim procedural preclusion

Cited Legislation

AI generated
Art. 107 § 2 KPK
Art. 355 § 1 in fine KPC
Art. 393 § 12 KPC

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