Stopień zawinienia jako przesłanka wymiaru kary pieniężnej
The Degree of Culpability as a Directive of Determining

Summary/Abstract: During the past decade a shift has occurred, in place of criminal liability is introduced administrative liability based on repressive sanctions in form of administrative fines (financial penalties). Apart from the issue of the legal nature of the administrative fines and conditions of imposing them, an important problem which so far has not been widely analyzed in the literature are circumstances that should be taken into account by the authority in determining the amount of the administrative fine. The Article analyses on one of those circumstances, ie the degree of culpability. Taking into account that administrative fines may be imposed on both individuals and other entities, the author suggests that the assessment of the degree of culpability can not based on guilt as defined in criminal law, which would lead to a breach of the principle of equality under the law of entities engaged in the same activity but in different legal forms, but should based on concept of organizational fault. The article points out that in assessing of culpability should be primarily taking into account the quality management systems used by sanctioned entities, which becomes significantly improved the function of the administrative fines, especially the preventive.

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