The system of sanctions in the Misdemeanour Law of European socialist countries Cover Image

System sankcji w prawie wykroczeń europejskich państw socjalistycznych
The system of sanctions in the Misdemeanour Law of European socialist countries

Author(s): Marcin Łysko
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: Misdemeanour Law; the system of sanctions; socialism; prawo wkroczeń; system sankcji; socjalizm

Summary/Abstract: After the 2nd World War the Misdemeanour Law of Eurpean socialist countries included, apart from the traditional penalties, measures of an educational character. The assumption of gradual abolition of repressive measures accompanying the development of a socialist society lay in the basis for introducing them. Typically, a fine was the basic sanction for committing an offence. The highest upper limit of fine was provided for in the legislation of Hungary, Bulgaria and Poland. It was the Polish Misdemeanour Law which used the maximum allowable fine most often. Custodial detention was common in the Misdemeanour Laws of Yugoslavia as well as in Poland, which also used the alternative penalty of arrest and detention in cases of non-payment of a fine. In Hungary and the Soviet Union, the penalty of detention was of exceptional character. However, as its upper time limit of detention was three times higher than in other countries, the Polish Misdemeanour Law is to be perceived as being the most restrictive. The punishment of a three-months detention for every third misdemeanour committed, was provided for in the Misdemeanour Law codification of 1971 of the People’s Poland. After the 2nd World War the Misdemeanour Law of European socialist countries included, apart from the traditional penalties, measures of an educational character. The assumption of gradual abolition of repressive measures accompanying the development of a socialist society lay in the basis for introducing them. Typically, a fine was the basic sanction for committing an offence. The highest upper limit of fine was provided for in the legislation of Hungary, Bulgaria and Poland. It was the Polish Misdemeanour Law which used the maximum allowable fine most often. Custodial detention was common in the Misdemeanour Laws of Yugoslavia as well as in Poland, which also used the alternative penalty of arrest and detention in cases of non-payment of a fine. In Hungary and the Soviet Union, the penalty of detention was of exceptional character. However, as its upper time limit of detention was three times higher than in other countries, the Polish Misdemeanour Law is to be perceived as being the most restrictive. The punishment of a three-months detention for every third misdemeanour committed, was provided for in the Misdemeanour Law codification of 1971 of the People’s Poland.

  • Issue Year: 16/2017
  • Issue No: 1
  • Page Range: 191-207
  • Page Count: 17
  • Language: Polish
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