PETTY OFFENCE RECIDIVISM IN THE LIGHT OF ARTICLE 38
OF THE MISDEMEANOUR CODE
PETTY OFFENCE RECIDIVISM IN THE LIGHT OF ARTICLE 38
OF THE MISDEMEANOUR CODE
Author(s): Julia Kosonoga-ZygmuntSubject(s): Criminal Law, Criminology
Published by: Oficyna Wydawnicza Uczelni Łazarskiego
Keywords: petty offence recidivism; road traffic offence recidivism; similarity of offences; final and binding punishment; extraordinary aggravation; detention; fine;
Summary/Abstract: The article addresses the issue of petty offence recidivism in the light of Article 38 of theMisdemeanour Code (MC), with particular emphasis on the legal conditions for itsoccurrence and legal consequences. The author characterises the concept of special multiplerecidivism (Article 38 § 1 MC), as well as a specific form of the so-called road trafficoffence recidivism (Article 38 § 2 MC), introduced by the Act of 2 December 2021 amending theRoad Traffic Law and Certain Other Acts. The analysis carried out aims to better understandthe role of recidivism in the petty offence law system and to indicate possible directions forlegislative changes in the context of existing interpretative and practical difficulties.
Journal: Ius Novum
- Issue Year: 19/2025
- Issue No: 3 ENG
- Page Range: 62-76
- Page Count: 15
- Language: English
