Glosa do wyroku Sądu Apelacyjnego w Katowicach z dnia 8 grudnia 2017 r., II AKa 477/17
Gloss to the judgment of the Court of Appeal in Katowice of December 8, 2017, II AKa 477/17

Summary/Abstract: The gloss concerns the issue of seeking a more favourable law when the perpetrator committed an offense while the previous law was in force, in the event of a suspended sentence. In the judgment, the Court of Appeal in Katowice expressed the view that the legal status applicable on the date of the act was more relative for the defendant – before the amendment to the Penal Code, which entered into force on 1 July 2015 due to the wording of Art. 72 § 1 of the CC, which did not oblige the court to adjudicate one of the provisions of Art. 72 § 1 of the CC probation obligation, in a situation where no criminal measure is imposed against them. This discussion focusses primarily on the thesis and judgment of the Court of Appeal in Katowice.

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