Pozycja podmiotu pociągniętego do odpowiedzialności posiłkowej w prawie karnym skarbowym

The subject who is held contributory liable constitutes a specific, passive party in penal revenue law proceedings. It can be a natural person, legal person or an organizational unit which does not have a legal personality. Contributory liability of the subject takes place when the offender of a revenue offence acts on his behalf, so to say, is a person acting as a proxy, administrator, employee, or a person acting in any other character and who has benefited or might have financially benefited in any way from this act. It is financial liability, hence it is not provided for the subject of contributory liability to adjudicate alternative imprisonment sentence or community service. Contributory liability is not a punishment. The essence of contributory liability lies in the fact that legal proceedings organs may turn to the subject’s property in case of ineffective execution of the fine imposed on the offender or ineffective exaction of monetary equivalent of the forfeiture of things. Contributory liability takes the form of a legal decision. The decision is adjudged during preparatory proceedings and then attached to the indictment. In case of the subject of contributory liability the rules and regulations about a suspect and defendant are applicable respectively. If the subject does not communicate well in Polish language, he is entitled to receive all legal documents in a language he understands, and he has the right to a translator, free of charge. The subject held contributory liable is, however, charged with procedural duties. This refers, for example, to the duty of obligatory appearance to a summons issued by the proceedings organ, which is empowered to detain and enforce a summons in case of noncompliance with the injunction. The subject should notify the proceedings organ about each change of address or temporal stay longer than seven days. The subject held contributory liable can appoint a legal agent (attorney), it can be a barrister or a legal adviser. All legal provisions in respect of a counsel for the defense apply to the legal agent, which means, first of all, that he can undertake legal duties only for the benefit of his mandate. The subject held contributory liable has the right to make an appeal. The appeal serves as an appellate measure for the benefit of the defendant It is also admissible to lodge a cassation, or institute penal revenue proceedings de novo.