Remarks on the Question of Cessation of the Running of Limitation Period for Amenability to a Penalty (Selected Issues)

The author discusses the regulations concerning cessation of running limitation period for amenability to a penalty contained in Act 13 June 2019 amending Penal Code and certain other acts, draft acts 16 September 2021, 7 July 2022 act – acts. Constitutional Tribunal its judgment 14 2020 (Kp 1/19) decided that was incompatible entirety with Article conjunction 112 119 (1) Polish Constitution. According Tribunal, reason defectiveness this law Sejm’s failure observe correct procedure adoption as provided Under proposed regulation, case reasonable suspicion another offence found course criminal proceedings, criminality newly disclosed supposed be extended set out 102 § 1 Code. A circumstance cause an extension (or cessation) would committed. In case, temporally from date on which first evidence-taking activity proceeded determine whether had been criticized proposal put forward arguments challenging validity amendment discussion leads conclusion does not guarantee time circumstances justifying occur is precisely determined. should such way allow precise determination lapse period. It determines thus admissibility or inadmissibility proceedings. Moreover, committing crime arises. This, therefore, justifies finding legislation fulfil (protection) function relating statutes precondition trial. For these reasons, solution offered 2 considered highly debatable.