One of the special procedures provided for in the Code of Criminal Procedure is the so-called order procedure.
Its main goal is to ensure efficient proceedings in criminal cases of lower gravity and low complexity of the facts.
The order for payment procedure is based on waiving a hearing in favor of issuing a judgment at a meeting without the participation of the parties when the court decides that a hearing is not necessary.
However, the use of this mode is subject to certain conditions
First of all, based on the evidence collected, the circumstances of the act and the guilt of the accused do not raise any doubts.
In addition, no investigation could be conducted in the case, which excludes the use of this procedure in more serious crimes. Moreover, in a penal order judgment the court cannot impose a prison sentence.
The court may impose a penalty of restriction of liberty or a fine (up to PLN 200 daily or up to PLN 200,000). Together with these penalties, punitive measures may be imposed (e.g. driving ban, ban on practicing a profession, contact ban, evictions), compensatory measures (i.e. measures aimed at repairing damage) or forfeiture (e.g. property obtained as a result of a crime).
The effect of a penal order judgment is, in a sense, suspended.
The accused and the prosecutor have the right to lodge an objection to the court that issued the penal order judgment within the deadline of 7 days from the delivery of the judgment.
If an objection is lodged, the order shall lose its force and the case shall be examined under general procedure. However, such an objection can be withdrawn until the hearing begins.
If no objection is filed or the objection is withdrawn, the writ of injunction becomes final and has all the effects provided for therein.
The penal order procedure in petty offense cases is based on these analogous principles.
Order for payment proceedings relieve the workload of the courts. Due to the limited court proceedings, it is less expensive and time-consuming. At the same time, it does not violate the rights of the accused/defendant. Thanks to the right to object to a penal order judgment, if he considers the judgment to be unjust, he has the right to conduct ordinary court proceedings in which he will be able to actively participate and defend his case.
