Kilka uwag na temat temporalnych i intertemporalnych kwestii ciągłości przestępstwa na tle regulacji art. 57b Kodeksu karnego z 1997 roku
Remarks on temporal and intertemporal issues of continuity of crime in the context of Art. 57b of the Penal Code of 1997

Summary/Abstract: The study deals with the issue of extraordinary tightening of the punishment of a perpetrator committing an offense under the conditions of a continuous act. It focuses on a few issues. First, it attempts to assess the criminal law consequences of the provision of Art. 57b of the Penal Code. It shows two sides of this standardization. On the one hand, it draws attention to the shortcomings and even absurdities of this regulation, which may appear in the practice of the functioning of this provision. On the other hand, it indicates its advantages, appreciating the significant function of this provision in terms of the possibility of shaping a rational penalty. Secondly, it alludes to temporal issues related to the construction of a continuous act. The author recounts the outline of a legal dispute concerning the time of committing a continuous offense, which is also present in the jurisprudence. Attention is then drawn to a certain relativism accompanying the assessment of this issue. At the same time, examples that illustrate how the effects of law in practice may be different if one of the interpretative options in circulation is adopted are listed. Thirdly, the author points out the issue of the consequences of the entry into force of the provisions of Art. 57b of the Penal Code in the context of the so-called collisions of acts in time within the meaning of Art. 4 § 1 of the Penal Code, which gives rise to the need to choose a law for the perpetrator of a prohibited act.

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