Residency. What are its types and consequences

Residency – its types and consequences.

“Recedere” from Latin simply means “relapse”

What is simply a recidivism?

By putting it in the legal language, this word defines the re-fulfillment of a criminal offence by a individual already convicted, the return to the crime. Thus, a registrar within the meaning of criminal law is not 1 who commits successively respective crimes after himself, even pre-shared by a crucial interruption. The fundamental condition for the perpetrator to be considered a repeat offender is that he commits another crime after he has been punished for an earlier crime.

We separate the alleged peculiar recidivism (basic) and the peculiar recidivism (so-called multi-recidy).

Let's start with...

...the primary recidivism...

According to Article 64(1) of the basic recidivism, we gotta deal with cases where the perpetrator committed a intentional offence, was sentenced to imprisonment for them, committed at least 6 months of the conviction which the court had previously ruled, committed another intentional offence akin to that for which he had been convicted earlier, and additionally committed it within 5 years of the conviction previously ordered by the court.

The ultimate Court judgement of 30 October 2001, No. III KKN 217/01 states that:

In order to be able to find action under the conditions of primary recidivism, the fresh offence committed by the perpetrator must be akin to that for which he was previously convicted. In accordance with Article 115(3) of the EC Treaty, akin offences are offences of the same nature, as well as offences involving force or threat of its use, or those committed in order to accomplish a property benefit.

Attention! The basic recidivism cannot be based on a violation. The Code clearly indicates only intentional offences (within the meaning of Article 9(1) kk).

...then repeat repeat repeat (so-called multi-recidy):

In accordance with Article 64(2), the grounds for conviction under multi-recision conditions are prior conviction of the offender under the conditions of a peculiar recidivism (Article 64(1) kk), the performance of a full of at least 1 year of the conviction of imprisonment, the re-fulfilment of a deliberate offence against life or health, the offence of rape, armed robbery, burglary or another crime against property utilizing force or the threat of its use, and the performance of the abovementioned criminal offence within a period of 5 years after the court has committed, in full or in part, the last conviction imposed on the sentenced person.

Supreme Court judgement of 4 June 2003, No. V KK 393/02:

Multirecision means a situation where the perpetrator commits a 3rd in turn an act prohibited intentionally and the conviction for the second offence occurred under the conditions of the primary recidivism.

Attention! The 3rd offence, in addition to being committed by the perpetrator intentionally, must besides be 1 of the offences expressly referred to in Article 64(2) kk. In another words, the perpetrator must commit 1 of these crimes again. Similarly, 1 of the illegal acts for which he was previously convicted must besides belong to this group of crimes.

Consequences of committing a crime under primary recidivism.

The consequence of the perpetrator's action under the conditions of the primary recidivism is that he may be punished for the offence in question up to the advanced limit of the statutory threat increased by half.

The court shall so decide the punishment according to the statutory threat to the offence in question. The optional regulation provided for in that provision applies only to the advanced limit of the statutory risk. It can be raised in half. The lower boundary remains unchanged.

Consequences of committing a crime under multi-recid conditions.

However, committing a crime under multi-recidy conditions involves an exceptional penalty. It is only imprisonment, above the lower limit of the statutory threat. Moreover, it is not permissible to apply an exceptional leniency (except as provided for in Article 60(3) and (4)). It is besides optional to rise the advanced limit by half (this tightening does not apply to crime – Article 64 §3 kk).

It besides excludes the anticipation of conditional termination of proceedings. However, it does not in rule exclude the anticipation of conditional suspension of enforcement. Convicted of multiple recidivism may be conditionally released after 3/4 of the conviction (Article 78 kk).

For more information, delight contact Karolina Pawlikowska's Attorney's Office. Legal assistance is provided throughout the country, including mainly in Belchatów and Piotrków Trybunalski.

Tel: 500024241, mail: [email protected]