Restrictions on the application of the conditional suspension of a prison sentence and greater emphasis on the use of the so-called prison sentences (fine and restriction of liberty) resulted in the introduction of Art. 37a – it took place in 2015. A significant change to the content of this provision entered into force on June 24, 2020.<\/p>\n\n\n\n
Until now, it was formulated in a relatively simple way – a fine or restriction of liberty could be imposed for an offense punishable by a penalty not exceeding 8 years of imprisonment. Currently, there are more requirements – first of all, the Court must impose a specific initial penalty and determine what penalty should be imposed in a given case. If it is less than a year, it may be replaced by restriction of liberty (not less than 3 months) or a fine (not less than 100 daily rates), but at the same time applying a criminal measure, compensation measure or forfeiture. Additionally, Art. 37a may not currently apply to persons operating in an organized group or association aimed at committing a crime or tax offense and perpetrators of terrorist offenses.<\/p>\n\n\n\n
The current wording of Art. 37a of the Criminal Code is therefore as follows:<\/p>\n\n\n\n
\u00a7 1. If the crime is only punishable by imprisonment not exceeding 8 years, and the imprisonment imposed for it would not be more severe than one year, the court may instead of this penalty order a restriction of liberty not lower than 3 months or a fine not lower than 100 daily rates. if at the same time there is a measure of kama, compensation measure or forfeiture.<\/p>\n\n\n\n
\u00a7 2. The provision of \u00a7 1 shall not apply to perpetrators who commit a crime by acting in an organized group or association aimed at committing a crime or a fiscal offense and to perpetrators of terrorist offenses.<\/p>\n","protected":false},"excerpt":{"rendered":"
Restrictions on the application of the conditional suspension of a prison sentence and greater emphasis on the use of the so-called prison sentences (fine and restriction of liberty) resulted in the introduction of Art. 37a – it took place in 2015. A significant change to the content of this provision entered into force on June […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"wp-custom-template-pojedynczy-wpis-en","format":"standard","meta":{"footnotes":""},"categories":[237],"tags":[],"class_list":["post-560","post","type-post","status-publish","format-standard","hentry","category-news-en"],"_links":{"self":[{"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/posts\/560","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/comments?post=560"}],"version-history":[{"count":1,"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/posts\/560\/revisions"}],"predecessor-version":[{"id":561,"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/posts\/560\/revisions\/561"}],"wp:attachment":[{"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/media?parent=560"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/categories?post=560"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/karne.pl\/index.php\/wp-json\/wp\/v2\/tags?post=560"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}