Monitor Prawniczy

no. 10/2018

Penal provisions in the Act on Restricting Trade on Sundays, Holidays and certain other Days

Sebastian Kowalski
Autor jest adiunktem w Katedrze Prawa Karnego i Postępowania Karnego WPiA Uniwersytetu Zielonogórskiego, sędzią Sądu Rejonowego w Wałbrzychu.
Abstract

The author has undertaken the question of using penal regulations for enforcing the ban on entrusting performance of work to persons employed under employment contracts and civil-law agreements introduced by the controversial Act on Restricting Trade on Sundays, Holidays and certain other Days. Violating the bans specified in the Act as a rule constitutes a misdemeanour; if it is persistent or malevolent – it constitutes an offence. The author has critically assessed not only the great extent of criminalisation, but also the statutory limits of penalty for misdemeanours, which leads to a conclusion that it carried one of the most severe penalties in the entire misdemeanour law. In the final part of the article, beside the de lege lata comments, some specific de lege ferenda postulates were have been put forward.