Zasady wymiaru kary grzywny za przestępstwo zniszczenia zabytku
The rules for imposing a financial penalty for the offence of destruction of a historical monument

Judgement of the Regional Court in Toruń of 29 March 2018, IX Ka 688/17

Summary/Abstract: The author does not agree with the standpoint of the Regional Court in Toruń that circumstances such as the nature and the circumstances in which a criminal offence was committed, the degree of guilt and social harmfulness of an act, as well as considerations pertaining to specific and general prevention warrant an increase in each daily rate of financial penalty imposed on the perpetrator of the destruction of a historical monument. It has been emphasized that the criminal code imposes a financial penalty according to the rate system in two stages. In the first stage, the number of day fine units is specified (taking into account the directives mentioned in articles 53 and 54 of the Criminal Code); in the second stage, the amount of a single day fine unit is specified (taking into account the recommendations pointed out in art. 33 para. 3 of the Criminal Code reflecting the perpetrator’s financial status). Therefore, the circumstances indicated by the Regional Court in Toruń warranted the increase of the number of daily instalments, whereas the perpetrator’s financial status warranted an increase in the day fine unit.

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