Abstract
In the commented judgment, the Supreme Court took the view that the forfeiture of devices used for gaming machines imposed in the proceedings in fiscal offenses and fiscal misdemeanor cases does not constitute a penal measure, and therefore the cassation appeal against the ruling in the part regarding the penalty is not considered directed against forfeiture under extension of the scope of the appeal based on Article 447 § 2 of the Polish Code of Criminal Procedure. The paper presents arguments for this position to be considered erroneous and analyses the differences in the regulation of penal measures under general and fiscal criminal law and proposes the necessary legislative changes.
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