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Tom 42 (2016)

The substitute forms of primary penalties executions within petty offenses

  • Katarzyna Liżyńska
28 czerwca 2017


A penalty is a reaction of the state on a prohibited act, with the help of which the legislator performs against the perpetrator of a criminal act the objectives of a general prevention, a special prevention, or an equitable retribution. To meet those objectives the penalty should be executed. It is impossible not to notice that the penalty initially meted out to the perpetrator may not always be executed. Therefore, implementation of the substitute forms of penalty, which on the one hand neutralize the effects of not execut­ing the original penalty, and on the other - they are a guarantee of a sense of punishing the perpetrators, as well as achieving the objectives of penalty, prove to be necessary. It should be considered whether current substitute forms of the fine penalty and restriction of liberty meet expected by the legislature goals.