“Criminal and administrative liability – double punishment is permissible” – an article by barrister Aneta Fornalik for the “Legalis” Legal Information Service

As part of our cooperation with the C.H. Beck Publishing House, the “Legalis” Legal Information Service, our lawyers comment on administrative court rulings important in terms of practice.

The article of 21 February 2022 provides a commentary to the Supreme Administrative Court’s ruling, in which the Court discussed the relationship between sanction norms under criminal law and administrative law, citing numerous earlier rulings in this respect. Imposing a criminal sanction does not exclude the possibility of imposing an administrative sanction for seemingly the same act. Punishment on the grounds of these two regimes of liability is independent of each other. It should also be emphasised that administrative sanctions in such situations are often much more severe than criminal sanctions. Furthermore, administrative liability does not depend on culpability, which makes it an objective liability.

The commentary for the “Legalis” Legal Information Service was drawn up by barrister Aneta Fornalik.

Link to the publication: https://legalis.pl/odpowiedzialnosc-karna-i-administracyjna-podwojne-karanie-jest-dopuszczalne/