The Position of Petty Offence Perpetrators Receiving Penalty Notices – Drafted amendments: Analysis in the Prism of the Pro-Constitutional Interpretation of the Law of Petty Offenses as an Instrument of Human Rights Protection

Aneta Kaminska-Nawrot, Daria Bienkowska and Tomasz Paczek

European Research Studies Journal, 2021, vol. XXIV, issue 3 - Part 2, 921-929

Abstract: Purpose: The drafted amendments to the Act – the Code of Petty Offences Procedure conflict with national and international law by radically transforming the model of petty offences procedure and considerably worsening the position of perpetrators receiving penalty notices have many far-reaching consequences as regards to the constitutional order and the human rights protection. The purpose of this article is to present the issue of the drafted amendments that repeal one’s right to refuse to accept the penalty notice and require that the fined person pay the fine immediately before a final decision is adopted. Design/Methodology/Approach: In this article, we take note that the amendments completely shift the burden of initiating legal proceedings onto the fined person and, in the case of their appeal, they introduce several procedural limitations excluding the prohibition of reformationis in pius, which are intended to effectively discourage the fined person from appealing. Findings: This thesis is corroborated by the statement of reasons to the drafted amendments. It clearly indicates that the changes primarily stem from the need to relieve officers of filing many motions for penalty and to reduce the number of petty offence cases submitted to courts. Practical implications: The appropriate standard of the pro-constitutional interpretation of the law of petty offenses could be seen an instrument of human rights protection. Originality/value: The article is based on a legal analysis indicating the formal and interpretative weaknesses of the amendments.

Keywords: Petty offence; perpetrator’s human rights; standard of the pro-constitutional interpretation. (search for similar items in EconPapers)
JEL-codes: K1 K4 (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://ersj.eu/journal/2547/download (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ers:journl:v:xxiv:y:2021:i:3-part2:p:921-929

Access Statistics for this article

More articles in European Research Studies Journal from European Research Studies Journal
Bibliographic data for series maintained by Marios Agiomavritis ().