Remarks on alternative solutions
to punishment in petty offences law Cover Image

Remarks on alternative solutions to punishment in petty offences law
Remarks on alternative solutions to punishment in petty offences law

Author(s): Katarzyna Liżyńska
Subject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: offence; punishment; educational purpose; educational influence means; alternative to punishment;

Summary/Abstract: Given the need for the state to respond to low-level acts such as petty offences, thereis still a noticeable search for an optimal model of punishment for these acts. It is knownthat penal means of punishment do not always fulfil their purpose. Therefore, the pettyoffences law, which is closer to the principle of opportunism, apart from the inconve-nience of penal solutions towards the perpetrator of the offence, assumes the possibility ofapplying non-penal measures in the form of educational influence measures. The articlepresents the essence of the measures included in Article 41 of the Code of Petty Offencesand draws attention to the legislative imperfections in this respect and many interpella-tion-related doubts. The analysis of educational measures indicates that they could playan important role in changing the hierarchy of the model of punishment for offences.However, it is necessary for the legislator to consider changes, including those indicatedin this study, in order to prioritize this form of punishment for minor prohibited acts inthe form of petty offences.

  • Issue Year: 2023
  • Issue No: 70
  • Page Range: 49-60
  • Page Count: 12
  • Language: English
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