The legal classification of an act as an offence or offence shall be determined by the extent of the damage indicated in the law in force on the date of the judgment of the court, and not on the date of conduct of the offender.
In the Polish legal system, the qualification of an offence or crime depends on many factors, including the extent of damage caused by the perpetrator.
However, in the context of the jurisprudence of the Supreme Court, it is crucial that the decision on legal qualification be based on the provisions of the law in force on the date of the judgment and not on the date of the act.
An example of the application of this principle is the Supreme Court ruling in the case of S.K., which has fallen 17 December 2024 (reference no. V KK 472/24).
Facts
District Court of S., in judgment dated 3 April 2023 (reference no. II K 468/20), He convicted S.K. of committing a crime with Article 288(1) Criminal Code (KK) for damage to property. S.K.
damaged S.'s mobile phone to the detriment of M.K., throwing it out of hand, causing the housing to rupture and disrupt the proper functioning of the device. The injury was estimated at 730 PLN.
The court has imposed a penalty on the accused against the restriction of freedom in terms of 6 months, with the obligation to perform unpaid social work.
This judgment was maintained by the District Court of P. dated 1 March 2024 (reference no. V Ka 515/23), However, the Attorney General filed a cassation by challenging a judgment in the part concerning convictions for acts of Article 288(1) KK, raising a violation of criminal law.
Reasons for erasure
The cassation was justified because it was pointed out that the District Court of P. violated the procedural provisions without taking into account the changing legal standard. In particular, on the date of the judgment, i.e.
1 March 2024, there was an amendment to the Code of Offences which raised the damage limit, separating the offence from the crime. According to the new sound Article 124(1) Code of offence (KW), an act involving intentional damage to property whose value does not exceed 800 PLN, is an offence, not a crime.
Before, the limit was value 500 PLN.
Although the act of S.K. took place In 2019, Whereas it is for the court to apply the law in force on the date of judgment, i.e. In 2024, which should lead to a change in the legal qualification of the offence from Article 124(1) KW, not a crime with Article 288(1) KK.
Supreme Court Settlement
Supreme Court on 17 December 2024, on reference no. V KK 472/24, After the conviction, he waived the judgment of the District Court of P. in the part concerning the retention in power of sentence of S.K. for an offence from Article 288(1) KK. The Court of First Instance considered that the act of S.K.
in the light of the amended provisions should be qualified as an offence from Article 124(1) KW, not a crime. Moreover, taking into account the statute of limitations on offences (which occurred after the expiry of the three years after the act), Supreme Court decided to discontinuance of proceedings.
The Supreme Court's decision is of vital practical importance. It provides a clear indication that in the case of the qualification of an act as an offence or a crime, the provisions of the law in force on the date of judgment and not on the date of the act must be followed.
In the present case, the amendment of the Code of Offence with 2022 changed the damage limit, separating the offence from the crime. So, even though S.K.'s action took place, In 2019, This In 2024 a new legal standard already in force, which was crucial for the legal qualification of the act.
In the end, the Supreme Court applied the lex mitior principle, which is the principle of applying a more favourable law to the accused. Although the case concerned damage to property, which was previously a criminal offence, the change in the legal standard led to discontinuance of proceedings.
Conclusion
The lex mitior principle – in the event of a change in the legal standard following an act, the court is obliged to apply a provision more favourable to the accused if there are no procedural obstacles.
The decision on legal qualification – whether an act constitutes an offence or an offence – shall determine the amount of damage indicated in the provisions in force on the date of the judgment.
Limitation of the offence – after the expiry of the relevant limitation period, even if the offence is qualified as an offence, the proceedings may be terminated.
In the context of changing legal standards, this ruling is an important reminder to law practitioners that the final legal qualification should not be based solely on the date of the act, but should take into account the current provisions in force at the time of the judgment.