The Administrative Penalty for Violation of the Restriction on Movement by Minors During the State of COVID-19 Epidemic Cover Image

Kara pieniężna za naruszenie zakazu przemieszczania się przez osobę niepełnoletnią w stanie epidemii COVID-19
The Administrative Penalty for Violation of the Restriction on Movement by Minors During the State of COVID-19 Epidemic

Author(s): Monika Łątka
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: financial administrative penalty; the responsibility of minors; restriction on leaving a place of stay;

Summary/Abstract: The paper concerns the possibility to impose a financial administrative penalty on a minor for a violation of the restriction on movement without the adult, which was introduced by the ministerial regulations. These provisions referred to the Tax Ordinance Act and did not include any exceptions related to, for example, the difficult situation of the minor’s family due to the epidemic outbreak. There was also a question of whether a minor can be held responsible for violation of such restriction. Equally important is the problem of applying lex mitior principle in administrative law and the issue of opportunism.

  • Issue Year: 25/2021
  • Issue No: 1
  • Page Range: 97-111
  • Page Count: 15
  • Language: Polish
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