REMARKS ON THE INCREASING OF LIABILITY OF FOR CERTAIN TRAFFIC OFFENCES
REMARKS ON THE INCREASING OF LIABILITY OF FOR CERTAIN TRAFFIC OFFENCES

Summary/Abstract: The author discusses the nature and scope of changes introduced to the Code of PettyOffences and the Code of Procedure in Petty Offences Cases by the Act of 2 December2021. The amendment represents a drastic intervention by the legislator in the current legalframework regarding offences against safety and order in transportation. It foresees significantmodifications in the legal and criminal response to these offences, transformations in thecharacteristics of selected types of prohibited acts, and proposes entirely new types of prohibitedacts. The analysis suggests that the guiding principle behind these changes is to increase thedegree of punitiveness of petty offences law towards perpetrators of traffic violations. Thislegislative approach raises concerns about the instrumental use of petty offences law withrespect to the perpetrators of these offences. The adopted direction of changes raises suspicionsthat the legislator has not thoroughly familiarised themselves with the matter covered by theirintervention. In any case, it is not grounded in the current state of traffic criminality, or in theanalysis of judicial practice. An increase in repressiveness has never directly translated intoa reduction in traffic criminality. The latter is a much more complex problem, involving thenecessity of multi-faceted references.

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