The article has been raised on the issue of special recidivism included in art. 38 § 1 and 2 of the Petty Offenses Code (P.O.C.). The narrative goes through the issues: the evolution of the art. 38 p.o.c., the question of punishment and the possibility of applying extraordinary aggravation of the penalty. The substantive analysis is carried out in the context of the views expressed in the doctrine and jurisprudence. Extraordinary aggravation of the penalty included in this regulation enables a more complementary reflection in the convicting judgment the perpetrator’s guilt. In the summary states a.o., that: an extraordinarily aggravation penalty within the framework of special recidivism included in art. 38 § 1 P.O.C., may be imposed only by a court judgment, whereas in the case of a single special recidivism included in art. 38 § 2 P.O.C., may also be imposed by a penalty ticket, provided that in a specific, selected case, a specific provision so permits.
Język Polski
English