Niekonstytucyjna nowelizacja Kodeksu karnego w związku z epidemią COVID-19
Unconstitutional COVID-19 Related Amendment to the Polish Criminal Code
Author(s): Agnieszka Barczak-Oplustil, Wojciech Górowski, Mikołaj Iwański, Mikołaj Małecki, Kamil Mamak, Witold Zontek, Szymon TarapataSubject(s): Constitutional Law, Criminal Law, Evaluation research, Health and medicine and law, Present Times (2010 - today), Penal Policy
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: covid-19 legislation; Constitution; General Part of criminal law; aggregate penalty; statutory limits of penalty;
Summary/Abstract: The paper provides an in-depth analysis of an amendment to the Criminal Code, which was enacted together with several COVID-19 epidemics-related provisions. The provisions added and changed at the stage of works in the Commission of Public Finances (after the 1st reading in parliament) were not related to the general subject matter of the bill. These regulations focus on modifying the statutory penalty for many, not grave crimes by changing the General Part of the Code (i.a. article 37a). The authors discuss the constitutional issues related to the legislative path of the amendment and its systemic legal consequences. The reader may find a broad discussion on the rationale of the aggravating penalty for committing a crime as a continuous act (a severe increase of the maximum scope of penalty) and the reasons for reintroducing the pre-2015 dysfunctional model of aggregated penalty.
Journal: Czasopismo Prawa Karnego i Nauk Penalnych
- Issue Year: 24/2020
- Issue No: 2
- Page Range: 5-35
- Page Count: 31
- Language: Polish