Charakter prawny instytucji przepadku po zmianach nowelizacyjnych wprowadzonych do Kodeksu karnego ustawą z dnia 20 lutego 2015 r.

Abstract

The legal nature of the institution of forfeiture following the changes to the Criminal Code introduced by the Amendment Act of February 20th, 2015

The article is devoted to the analysis of a structural change made to the regulations of the Criminal Code under the Amendment Act dated 20th February 2015, which is based on the exclusion of forfeiture from the catalog of penal measures, which gave it a distinct legal characterThe legislature repealed Article 44 § 8 CC relating to the transition of the ownership of forfeiture objects to the State Treasury, amended Article 45 § 3 CC, repealing § 4 and § 6 and added Article 45a CC. In light of these changes, the author explains the basic concepts and discusses the current conditions of forfeiture.