Overview of the decisions of the Polish Supreme Court Cover Image

Przegląd orzecznictwa Sądu Najwyższego
Overview of the decisions of the Polish Supreme Court

Author(s): Kacper Milkowski
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: extraordinary mitigation of penalty; imprisonment; fine; property; the Polish Supreme Court

Summary/Abstract: The Polish Supreme Court, in the field of criminal law, settled a significant dispute regarding the extraordinary mitigation of the penalty for a felony punished with a cumulative penalty of imprisonment and a fine. The Polish Supreme Court stated that it consists of the imposition of a penalty of deprivation of liberty below the lower limit of the statutory punishment, but no lower than one third of the statutory limit, and the imposition of a fine on general principles. The Polish Supreme Court, in the field of civil law, ruled that the claim of the owner of the land on which the building or other device was erected, the value of which exceeds the value of the plot occupied for this purpose (claim for the land owner with an appropriate remuneration) does not expire. In addition, the Polish Supreme Court referred to the division of common property of the of joint property of spouses.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 171-186
  • Page Count: 16
  • Language: Polish