Some Consequences of Changing the Article 37a of the Penal Code on the Ground of Extraordinary Mitigation of the Penalty

The article concerns the effects of changing Article 37a of the Penal Code based on the amending act of June 2020, in particular on the ground of extraordinary mitigation of the penalty. As of 24th June 2020, Article 37a of the Penal Code undoubtedly has become an institution of the judicial imposition of penalty, which may be applied after analyzing the circumstances of a particular case. Moreover, the scope of application of Article 37a of the Penal Code is narrower. The criminal repression in Article 37a of the Penal Code was increased. This leads to the conclusion that Article 60 § 6 point 4 of the Penal Code is not an empty rule. There is no need for applying of the Article 60 § 8 of the Penal Code. The amendment also led to other problems that are important for application of Article 60 of the Penal Code.

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