Polityka karna sądów w sprawach o wykroczenia (w świetle danych statystycznych)

Abstract

The study analyses the jurisdiction of Polish courts in petty offence cases in accordance with selected statistical data. The author familiarises the reader with the changes introduced by systemic and procedural reforms which extended the scope of judicial control over the activity of misdemeanour courts. The article discusses extensively the Act of 8 June 1990 and the Act of 28 August 1998, which aimed to unify proceedings in all cases of criminal offences. Jolanta Jakubowska-Hara mentions the changes in the division into penalties and penal measures, which have been stipulated in misdemeanour law since 1998, following the example of the Penal Code, such as the forfeiture of objects or a driving ban. Apart from that, the author also analyses the educational measures, stressing that under the current regulation, offenders may be subjected to instructions or disciplinary measures. The main objective of the article and the subject of the statistical analysis carried out by the author are the rulings of district courts on misdemeanour cases between 2002 and 2007 compared with data from the period 1972–2000, when misdemeanour cases were handled by misdemeanour courts. In conclusion, Jakubowska-Hara emphasises the greater differentiation of court responses to misdemeanours compared to misdemeanour courts in the years under analysis and the judiciary’s more frequent use of the penalty of restriction of liberty and the use of alternative arrest for those sentenced to a fine.