Rethinking the legal nature of an obligation to remedy damage

Abstract

Rethinking the legal nature of an obligation to remedy damage

In this paper the autors analyse the legal nature of an obligation to remedy damage following the changes introduced by the so-called February amendment. The authors prove, in numerous ways, that despite lawmakers’ declarations, the legal nature of this measure has not changed significantly. Its compensatory abilities were enhanced; nevertheless, the change of the name tag is insufficient to assume that the obligation to remedy damage has become a pure civil act in criminal proceedings. The essence and structure of an obligation to remedy damage are still criminal-law, although its content, by the operation of criminal law, is highly influenced by civil law. As a result, in the case of this measure we are dealing with a criminal-law obligation to remedy damage shaped in accordance with the provisions of civil law.