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The Convergence of the Basis of Responsibility for a Crime (an Offense) and for an Administrative Delict and the Ne Bis In Idem Principle in the Polish Law

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Zientara A.

Studia Iuridica

2019

vol. 82

328-342

This study presents the case law of the Polish Constitutional Tribunal referring to the ne bis in idem principle and the case law of the European Court of Human Rights issued on the basis of Article 4 of Protocol No. 7 to the European Convention on Human Rights. The work also includes the discussion of solutions adopted in Polish law in the case when a person meets both the signs of a crime/offense and the premises of administrative responsibility of a punitive (repressive) nature in a single unlawful act. For many years, a system-wide solution to this type of convergence was missing in Polish law. The situation changed last year with the introduction of Article 189f to the Code of Administrative Procedure. However, as indicated in the study, this provision does not fully implement the ne bis in idem standard developed by the European Court of Human Rights.

Nowelizacje kodeksu karnego w zakresie zatarcia skazania

100%

Zientara A.

Studia Iuridica

2016

vol. 65

189-202

The article discusses and evaluates changes in the institution of the expungement introduced by the Act of 20th February 2015 and Act of 11th March 2016. The most important change includes shortening the deadlines for expungement to a fine and restriction of liberty. Moreover nowadays all penal measures stated for life may be recognized executed. This solution allows erasing such conviction.

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2 Studia Iuridica

2 Zientara A.

1 2020

1 2016

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The Convergence of the Basis of Responsibility for a Crime (an Offense) and for an Administrative Delict and the Ne Bis In Idem Principle in the Polish Law

Nowelizacje kodeksu karnego w zakresie zatarcia skazania