Article 244c of the Criminal Code – criminal notification more effective than a lawsuit?

Article 244c of the Criminal Code introduces significant changes in enforcing compensation obligations. Its application may result in shifting civil disputes into the realm of criminal law, raising serious concerns. The provision does not clarify whether a person can be punished multiple times for failing to fulfil a single obligation, creating a risk of abuse. Is this new regulation a step toward better creditor protection, or does it dangerously criminalize civil matters?

The amendment has been welcomed by some commentators who see it as a genuine opportunity to improve the position of victims. Instead of pursuing civil claims in lengthy proceedings, they may now—at least in theory—gain a more effective leverage in the form of the threat of criminal liability for a convicted person who fails to comply with a court-ordered compensation.

On the other hand, serious concerns have been raised—both systemic and constitutional in nature. Shifting the burden of enforcement from civil lawsuits to criminal prosecution may lead to instrumental use of the criminal process as a means of pressure, potentially making a criminal complaint more effective than a civil claim. A key question arises: how long can someone be prosecuted for the same unpaid obligation? Could failure to pay for a month, a quarter, or a year be treated as separate criminal acts?

In this article, we will take a closer look at how Article 244c operates in practice, what risks it entails, and whether it could realistically serve as an alternative to traditional civil proceedings. Has the legislature created an effective mechanism for victim protection, or rather opened the door to the criminalization of financial disputes?

Full article is available in Polish here.