In the judgment of March 19, 2024 (IV KK 505/23), the Supreme Court defined the concept of a more relative law. Pursuant to Art. 4 § 1 of the Penal Code, if at the time of adjudication a different act is in force than at the time the crime was committed, the new act shall apply, however, the act previously in force should be applied if it is more favorable to the perpetrator.
According to the Supreme Court, the relativity of statutes should be assessed by a comprehensive (collective) comparison of all solutions regarding imposing a total penalty in a joint judgment in both legal states. Therefore, the more relative statute is the statute which – after a complete assessment of all the effects of the application of these competing statutes – in concreto provides for milder consequences for a given convict.
