Non-Punitive Reaction Measures in Polish Petty Offences Law

Abstract

The subject of this article is non-punitive reaction measures (non-punitive means of reaction) existing in Polish petty offences law. The Polish Code of Petty Offences, in addition to penalties and penal measures, provides for non-punitive measures of reaction to petty offences. These are the means of educational influence and the means of social influence. The means of educational influence are used by public prosecutors and entities having the powers of a public prosecutor in petty offence cases. The means of social influence may be applied by the court in the event of waiving the penalty for the offence committed. The author analyses selected issues relating to both categories of non-punitive reaction measures. As a result of the analysis, the author concludes that statutory catalogues of non-punitive reaction measures should be closed, i.e. both the means of social influence and the means of educational influence should be enumerated exhaustively in the Code of Petty Offences, and the application of a means of educational influence should constitute a negative premise for proceedings before the court. Therefore the author supports the de lege ferenda postulates in these aspects expressed in the literature. The author proposes to introduce a new provision into the Code of Petty Offences, namely a provision according to which educational influence measures are not applied if a penal measure should be imposed for a given petty offence.