ODPOWIEDZIALNOŚĆ ZA CZYN CIĄGŁY PO OSTATNICH NOWELIZACJACH KODEKSU KARNEGO
LIABILITY FOR A CONTINUOUS ACT AFTER RECENT AMENDMENTS TO THE PENAL CODE

Summary/Abstract: This study contains an analysis of the amendments to the Polish Penal Code relating to the term of continuous act made by the Act of October 4, 2018, and the Act of June 19, 2020. The first Act introduced a new section to Article 12 of the Penal Code, which states that “anyone who, in short intervals, using one and the same or identical opportunity or in a similar manner commits two or more intentional misdemeanors against property, if the total value of the property justifies liability for the crime, shall be held liable as for a single crime.” This provision raises a number of doubts about the nature of the institution it introduces – whether it is a type of continuous crime or a real concurrence of misdemeanors. The study also includes an analysis of the second amendment, which changed the penalty for a continuous act. An attempt is then made to evaluate the changes introduced by these two Acts.

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