A few comments about aggravation of penalty based on article 57 § 1 of the penal code

Abstract

The paper presents selected issues regarding the aggravation of penalty for a misdemeanour of a hooligan character based on article 57a § 1 of the penal code. Considerations (including also polemic remarks) concern mainly the one appearing in article 57a § 1 of the penal code the concept of “lowest statutory penalty” and the possibility of applying in such cases article 37a and 37b of the penal code. Since a misdemeanour of a hooligan character is the ground for an extraordinary aggravation of the penalty, the work attempts to set the limits of criminal sanctions imposed with the application of article 57a § 1 of the penal code on the example of selected crimes.