Kolizja artykułu 12 § 2 Kodeksu karnego i artykułu 10a Kodeksu wykroczeń (glosa do postanowienia Sądu Najwyższego z 10 września 2024 r., IV KK 145/24)
The Conflict between Article 12 § 2 of the Criminal Code and Article 10a of the Petty Offences Code (Commentary on the Supreme Court Ruling of 10 September 2024, IV KK 145/24)

Summary/Abstract: The commented ruling constitutes a significant departure from the Supreme Court's existing line of case law. The subject of the study is therefore an answer to the question of whether this ruling is correct, not only from the perspective of the appropriateness of understanding and applying the relevant norms, including those arising from the interpretation of international law provisions, but also from the perspective of the consequences related to, for example, a possible violation of a certain criminal-law axiology, also in its constitutional aspect (material truth, accurate repression, social justice), and the admissibility of the perpetrator's impunity in atypical, yet not at all rare, procedural configurations. The study also considers the question of the scope of application of the interpretive direction presented in the ruling, i.e. whether it is universal in the relation between a crime and a petty offence, or rather concerns only a possible concurrence of acts referred to in Article 12 § 2 of the Criminal Code (against property). In its concluding remarks, the study returns to the long-standing discussion on the appropriateness of statutory amendments at the intersection of crimes and petty offences, concerning, among other things, the relationship between these two liability regimes, the statutory directive for resolving a non-omissible concurrence of provisions, and the application of rules excluding a multiplicity of assessments.

• Details
• Contents