Okoliczności odróżniające podstawy nadzwyczajnego wymiaru kary od przepisów typizujących czyny zabronione w typie kwalifikowanym
Circumstances distinguishing the grounds for extraordinary aggravation of a penalty from provisions defining aggravated types of offences

Summary/Abstract: Amendments to the Polish Penal Code between 2015 and 2023 significantly increased its punitiveness by introducing a range of instruments affecting harsher sentencing. This has simultaneously reduced the transparency of sentencing principles and penal measures; numerous institutions have emerged that, although resembling judicial sentencing institutions in form, are nonetheless mandatory. This article seeks to identify the circumstances that differentiate extraordinary aggravation of a penalty from an aggravated type of offence. The substantive legal consequences of the distinction drawn between an aggravated type of offence and extraordinary aggravation of a penalty are far-reaching; they significantly impact the severity of punishment and define the scope of legal instruments available to the sentencing court in criminal proceedings.

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