Sequence of short-term imprisonment and restriction of liberty (art. 37b Criminal Code) : basic issues

Streszcz. ang. s. 46

The article discusses the institution of simultaneous adjudication of imprisonment and a restriction of liberty, which was introduced in the Act of 20 February 2015 (Dz.U. 396) in Art. 37b C.C. Based on the method of critical analysis of the views on the legal nature of art. 37b C.C., which can be found in the literature, it has been found that it is unjustified to define a new institution by the term “mixed punishment”. The name “sequence of the penalties” is more adequate for the solution of Art. 37b C.C. Using the dogmatic method of analysis outlined that Art. 37b C.C. provides specific directive of punishment, and imprisonment containing the “sequence of the penalties” can not be conditionally suspended for a trial period. It was found that short-term imprisonment and a restriction of liberty ordered at the same time on the basis of art. 37b C.C. should be the real equivalent of criminal reactions involving the sentencing of imprisonment with a conditional suspension of its implementation.