The draft law on fines – a necessary change or a momentary impulse? Bartłomiej Pietruszka’s statement on TVP Info
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
On TVP Info’s programme ‘Minęła 9’, law firm partner, head of the white-collar crime department and criminal law expert, Bartłomiej Pietruszka, discussed with the host a rather controversial and recently highly emotional draft amendment to the Misdemeanours Code, the so-called ‘draft law on fines’. The essence of the draft is an attempt to abolish the possibility of refusing to accept a fine. What consequences does this have?
In the interview, mec. Pietruszka is rather sceptical about the project, pointing to a kind of confusion between the role of the prosecutor and the court. According to the lawyer, the reasons behind the amendment boil down to a desire to relieve the courts and speed up proceedings in misdemeanour cases. However, these changes, paradoxically, may make misdemeanour cases much longer.
In my opinion, it is completely incomprehensible to introduce a ban on refusing to accept a criminal fine, as this will actually lengthen criminal proceedings by shifting the obligation to appeal to the citizen. This, in turn, may result, for example, in formal defects or the lodging of an appeal to a court which is not competent to hear the case. The limitation period, which is quite short here, may consequently simply expire in many cases. I fear that the way the amendment is worded, it will prove to be a gift to those who want to avoid offence liability.
-comments Bartłomiej Pietruszka.
We encourage you to watch the transcript of the entire conversation on the TVP Info website (beginning: 31 min 51 sec.).
Zadaj pytanie autorowi
