Commentary (gloss) to the resolution of the panel of seven judges of the Supreme Court of 20 March 2019, I KZP 15/18

Abstract

The paper addresses the issue of an extraordinarily lenient penalty for crimes threatened with mandatory cumulative penalties of deprivation of liberty and fines. It was established that Article 60 § 6, point 2 of the Criminal Code clearly resolves this issue in a positive way and provides for imposing only the penalty of deprivation of liberty as an exceptionally lenient penalty. Thus, the author questioned the assertion that the extraordinary leniency in respect of the cumulative sanctions of imprisonment consists in the meting out of a sentence of imprisonment not less than one third of the lower limit of the statutory penalty and a fine pursuant to general principles.

Keywords

• extraordinary leniency
• cumulative fine
• extraordinary punishment
• counteracting drug addiction
• crime