Czyn ciągły i inne mechanizmy redukcyjne w przypadku jednoczynowego zbiegu przestępstwa z wykroczeniem
Continuous Act and Other Reductive Mechanisms in Cases of Concurrence of Crimes and Petty Offenses Committed by a Single Act

Summary/Abstract: The article aims to evaluate the latest amendment of the Criminal Code and Code of Petty Offenses which changed the institution of the continuous act. Article 12 of the Polish Criminal Code and Article 10a of the Polish Code of Petty Offenses are analyzed with special attention given to their complexity. The specific normative context of the so-called ideal model of the concurrence of prohibited acts is considered, as well as its influence on the interpretation of relevant provisions. A particular weakness of the above articles is the lack of rule enabling the reduction of double punishment in situations when one crime is constructed from two or more petty offenses. Some conclusive de lege lata and de lege ferenda postulates are formulated to avoid signalized problems.

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