Published: 2021-11-18

Usage of foreign criminal judgement in Polish civil proceedings

Magdalena Anna Wasylkowska-Michór
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.4295

Abstract

The main aim of this paper is to identify the most important problems that arise
when interpreting Article 11 of the Polish Code of Civil Procedure, which provides, in
civil proceedings, the conditions of application of a criminal judgment, including a foreign
criminal one. Therefore, at the very beginning of the paper, the judgment of the Supreme
Court of 27 March 2013 in the case ref. V CSK 185/12 is presented, as the starting point
for further considerations. This judgment states that the above-mentioned Article 11 also
applies to a final judgment issued in criminal proceedings by a court of a European Union
country. Further in the paper, the author presents doubts concerning the interpretation of
Article 11, which may also arise when a foreign criminal judgement is involved. They relate
mainly to the notion of a conviction and the nature, and limits of binding a civil court
with a criminal judgement.

Keywords:

article of the Polish Code of Civil Procedure, criminal judgment in civil proceedings, convicting judgment, limits of bounding by a criminal judgment in civil proceedings, foreign criminal judgment

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Citation rules

Wasylkowska-Michór, M. A. (2021). Usage of foreign criminal judgement in Polish civil proceedings. The Opole Studies in Administration and Law, 19(3), 101–117. https://doi.org/10.25167/osap.4295

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