Revoke of the Prohibition on Free Movement in the Context of the COVID-19 Epidemic and Criminal Liability for Petty Offenses Cover Image

Uchylenie zakazu przemieszczania się osób w związku ze stanem epidemii COVID-19 a odpowiedzialność karna za wykroczenie
Revoke of the Prohibition on Free Movement in the Context of the COVID-19 Epidemic and Criminal Liability for Petty Offenses

Author(s): Tomasz Iwanek
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Evaluation research, Health and medicine and law, Penal Policy
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: decriminalization; intertemporal law; petty offense; Article 54 of the Polish Code of Petty Offenses; movement of persons; COVID-19;

Summary/Abstract: The legal framework adopted to combat the SARS-CoV-2 epidemic in 2020 provides an opportunity to review and compare the views of criminal law scholars on the issues of normative change, derogation, and decriminalization. The numerous normative changes require we refer to the principles of criminal intertemporal law. The article is a dogmatic exercise, which uses the assumption that from March 25, 2020, to April 19, 2020, sanctions for the movement of persons due to the epidemic were in force. On the basis of this assumption, the author presents changes to the regulations governing prohibition on free movement and attempts to reconstruct the content of the appropriate legal norm. What follows is an analysis of the impact of normative changes on the validity of that norm and the application of the intertemporal principle to the issue in question.

  • Issue Year: 24/2020
  • Issue No: 2
  • Page Range: 69-96
  • Page Count: 28
  • Language: Polish