Published: 2019-07-11

A Comment on the Polish Supreme Court’s Decision of 20 January 2017, IV KK 451/16, «Lex» No. 2241400

Magdalena Budyn-Kulik
Zeszyty Prawnicze
Section: Glosy
https://doi.org/10.21697/zp.2019.19.2.11

Abstract

In its decision of 20 January 2017, IV KK 451/16, «Lex» No. 2241400, the Polish Supreme Court ruled that a cumulative legal description of an offence usually implies serious public nuisance and a more serious level of guilt, which provides for a more severe penalty. This comment is critical of the Supreme Court’s decision. An offence is a fact. Its public nuisance does not depend on the way it is described in law. Its penalty may be milder only if the provision under which the more severe penalty is prescribed is removed from the cumulative legal description.

Keywords:

Cumulative legal description, penalty, public nuisance.

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Citation rules

Budyn-Kulik, M. (2019). A Comment on the Polish Supreme Court’s Decision of 20 January 2017, IV KK 451/16, «Lex» No. 2241400. Zeszyty Prawnicze, 19(2), 257–264. https://doi.org/10.21697/zp.2019.19.2.11

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