Glosa do wyroku Sądu Najwyższego z dnia 20 stycznia 2022 r. III KK 292/21

Abstract

The commentary concerns the expiry of the deadline for withdrawing an objection against a penal order. The author presents a critical view on the position taken by the Supreme Court that the taking of evidence at a hearing by a court in a petty offense case is irrelevant to the assessment of whether the deadline for withdrawing the objection against the penalty order has expired. In the author’s opinion, the decision to conduct such proceedings leads to the need to initiate court proceedings, which eliminates the possibility of an effective withdrawal of the objection.