Extraordinary mitigation of the perpetrator's punishment crime carrying a cumulative sanction - a few remarks on the margin of the resolution of the Supreme Court of 20 March 2019 (I KZP 15/18)

Abstract

The analysis contained in the commentary refers to the position expressed in the resolution of the Supreme Court of 20 March 2019. It resolves one of the most difficult issues in the field of extraordinary mitigation of the punishment. It is a problem of applying this institution to perpetrators of crimes when the statutory threat includes cumulative imprisonment and a fine. The main reason for the interpretative controversies is the lack of explicit regulation of this issue in the provisions of the current Penal Code. The authors critically evaluated the legal view expressed by the Supreme Court.