Suspending the limitation period for imposing penalties for prohibited acts and the limitation period for enforcing penalties in cases concerning criminal offences and fiscal offences P 12/22
Ref. No. P 12/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 12 December 2023
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Jakub Stelina
Wojciech Sych
Bogdan Święczkowski
Andrzej Zielonacki – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 12 December 2023 – in the presence of the Sejm and the Public Prosecutor-General – the question of law referred by the District Court in Jarosław, as to whether:
Article 15zzr1(1) of the Act of 2 March 2020 on special solutions for preventing, counteracting, and fighting COVID-19, other infectious diseases, as well as for managing the ensuing crisis situations (Journal of Laws – Dz. U. of 2021, item 2095, as amended) is consistent with Article 2, Article 31(3), Article 45(1) and Article 92(1) of the Constitution,
adjudicates as follows:
Article 15zzr1(1) of the Act of 2 March 2020 on special solutions for preventing, counteracting, and fighting COVID-19, other infectious diseases, as well as for managing the ensuing crisis situations (Journal of Laws – Dz. U. of 2021, item 2095, as amended) is inconsistent with Article 2 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Bartłomiej Sochański
Jakub Stelina
Wojciech Sych
Bogdan Święczkowski
Andrzej Zielonacki