Glosa do wyroku Sądu Najwyższego z dnia 6 lipca 2022 r. III KK 177/22 / Gloss to the judgment of the Supreme Court of July 6, 2022 III KK 177/22

The gloss concerns the possibility of applying Art. 37a § 1 k.k. in order for payment proceedings, i.e. the possibility of imposing a fine or penalty of restriction of liberty instead of imprisonment, taking into account the model of order for order proceedings in the Polish criminal process. The author expresses the view that this is not possible due to the fact that the court decides at a sitting without the participation of the parties (and thus also without the participation of the accused) and does so only on the basis of the evidence collected in the preparatory proceedings. Therefore, the court is not able to verify the circumstances that are important for deciding whether to impose an isolation or a prison sentence, and there are no conditions to determine that it is possible to impose a custodial sentence and then change it to a fine or restriction of liberty. Key words: penalty order, imprisonment, fine or restriction of liberty instead of imprisonment