Kilka uwag o propozycji nowelizacji art. 12 i 115 Kodeksu karnego

The article contains comments on Łukasz Pohl’s proposal to modify Article 12 of the Criminal Code and to add Article 115 § 25 to the Criminal Code. The author of this text agrees with the thesis that it is expedient to define the premise of „short time-intervals” (Article 12 of the Criminal Code). This is justified by the existing differences in the case law. However, there is no justification for introducing a restriction on the duration of the entire continuous offence committed by multiple acts. The biggest disadvantage of the proposal is that it does not refer to the institution of a series of offences under Article 91 § 1 of the Criminal Code, which this amendment would also affect. Contrary to the author’s intentions, the proposed Article 12 § 2 of the Criminal Code does not introduce the grounds for an extraordinary aggravation of the penalty. Treating the multi-act nature of the crime as the basis for aggravation the penalty does not seem right as well.