Extraordinary mitigation of a cumulative fine

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Kamil Siwek - Ph.D, candidate, Adam Mickiewicz University in Poznań, Chair of Criminal Law;

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Keywords

extraordinary mitigation of a penalty, a cumulative fine, extraordinary imposition of penalties, drug prevention, felony

Summary

The paper deals with a contentious issue in case-law and legal literature concerning extraordinary mitigation of a penalty for felony subject to a penalty of cumulative sanctions of deprivation of liberty and fine. Author points out that Article 38 § 1 of the Polish Criminal Code (k.k.) is of no use for resolving the analyzed issue. Therefore, in this paper, the statement about the existence of two different legal frameworks, i.e. before 1 July 2015 and after that date, is challenged. The author also contests the assertion that extraordinary mitigation of a cumulative fine is ruled by Article 60 § 7 k.k. In conclusion, it is stated that extraordinary mitigation of a penalty for felony subject to a penalty of cumulative sanctions of deprivation of liberty and fine consists in the imposition of a penalty of deprivation of liberty in the extent that amounts to less than the lowest statutory penalty but no less than one-third of the lowest statutory penalty.