Published : 2023-12-31

The Idea and Institution of ‘Mixed Penalty’ in the Polish Criminal Law System

Abstract

The aim of this article is to discuss the concept and the institution contained in Art. 37b of the Criminal Code in Poland, allowing the imposition of penalties in succession, also referred to as ‘mixed penalty’: short-term imprisonment followed by a restriction of freedom. The central idea behind the proposed solution is to enable the courts to more fully achieve the objectives of the criminal law system itself. The author states that it would be more appropriate to use the term ‘sequential penalties’ rather than ‘mixed penalty.’ It is also argued that there is still a loophole in the Polish criminal law system which theoretically makes it possible to take advantage of conditional early release from serving a sentence of imprisonment on the basis of Art. 37b of the Criminal Code. Consideration should also be given to increasing the length of imprisonment imposed under sequential penalties in order to apply such a solution in as many cases as possible.

Keywords:

criminal law, imposition of a custodial sentence, mixed penalty, sentencing practice



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Kostrubiec, R. (2023). The Idea and Institution of ‘Mixed Penalty’ in the Polish Criminal Law System. Facta Simonidis, 16(2), 215–230. https://doi.org/10.56583/fs.2402

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Akademia Zamojska
ul. Pereca 2, 22-400 Zamość
tel. 84 638 34 44
fax 84 638 35 00
e-mail: rektorat@akademiazamojska.edu.pl
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