COVID-19 AND THE STATUTE OF LIMITATIONS FOR CRIMINAL PROSECUTION AND EXECUTION OF SENTENCE 19 December 2023
Although the peak of the covid-19 pandemic is (it seems) happily behind us, the legal problems caused by the regulations introduced in connection with the pandemic are more than present.
On 12 December 2023, the Constitutional Court, presumably carried by the wave of changes beginning on 15 October 2023, ruled that the so-called covid provisions[1], which, in criminal cases, suspended the running of the limitation period for the punishment of the act and the limitation period for the execution of the sentence, are unconstitutional[2].
It should be recalled that under the covid provisions, which were declared unconstitutional, the suspension of the running of the limitation period took place during the period of either an epidemic emergency or a state of epidemic declared due to COVID-19 and for a period of six months after their revocation.
The epidemic state was in force in Poland from 20 March 2020.[3]. It was admittedly repealed on 12 May 2022.[4], however, an epidemic emergency was declared on 16 May 2022.[5]and remained in force until 1 July 2023.[6].
This means that the covid provisions stopped the running of the statute of limitations for criminal offences and the statute of limitations for the execution of the sentence imposed for the offence from 20 March 2020 until 1 January 2024 (i.e. for more than 3.5 years).
The effect of declaring the covid provisions unconstitutional will be not only the discontinuation of some of the proceedings currently pending due to the statute of limitations on criminality (or enforcement proceedings due to the statute of limitations on execution of the sentence), but also the possibility of resuming proceedings already concluded in which the accused was convicted despite the expiry of the statute of limitations set by the provisions of the Criminal Code due to the Court's finding that the covid provisions stopped the running of the statute of limitations.
Following the judgment of the Constitutional Tribunal, the law firm has already taken the first steps on behalf of its clients to discontinue the proceedings in view of the statute of limitations, or to resume the proceedings in order to overturn the judgment and discontinue the proceedings in view of the statute of limitations.
[1] Article 15zzr1(1) of the Act of 2 March 2020 on special solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2021, item 2095, as amended).
[2] Judgment of the TK of 12 December 2023, Ref. P 12/22
[3] Regulation of the Minister of Health of 20 March 2020 on the declaration of an epidemic state in the territory of the Republic of Poland (Journal of Laws of 2020, item 491)
[4] Regulation of the Minister of Health of 12 May 2022 on the cancellation of an epidemic state in the territory of the Republic of Poland (Dz.U. of 2020, item 491)
[5] Ordinance of the Minister of Health on the declaration of an epidemic emergency in the territory of the Republic of Poland of 12 May 2022 (Journal of Laws of 2022, item 1028)
[6] Regulation of the Minister of Health on the cancellation of an epidemic emergency in the territory of the Republic of Poland of 14 June 2023 (Journal of Laws of 2023, item 1118)
Although the peak of the covid-19 pandemic is (it seems) happily behind us, the legal problems caused by the regulations introduced in connection with the pandemic are more than present.
On 12 December 2023, the Constitutional Court, presumably carried by the wave of changes beginning on 15 October 2023, ruled that the so-called covid provisions[1], which, in criminal cases, suspended the running of the limitation period for the punishment of the act and the limitation period for the execution of the sentence, are unconstitutional[2].
It should be recalled that under the covid provisions, which were declared unconstitutional, the suspension of the running of the limitation period took place during the period of either an epidemic emergency or a state of epidemic declared due to COVID-19 and for a period of six months after their revocation.
The epidemic state was in force in Poland from 20 March 2020.[3]. It was admittedly repealed on 12 May 2022.[4], however, an epidemic emergency was declared on 16 May 2022.[5]and remained in force until 1 July 2023.[6].
This means that the covid provisions stopped the running of the statute of limitations for criminal offences and the statute of limitations for the execution of the sentence imposed for the offence from 20 March 2020 until 1 January 2024 (i.e. for more than 3.5 years).
The effect of declaring the covid provisions unconstitutional will be not only the discontinuation of some of the proceedings currently pending due to the statute of limitations on criminality (or enforcement proceedings due to the statute of limitations on execution of the sentence), but also the possibility of resuming proceedings already concluded in which the accused was convicted despite the expiry of the statute of limitations set by the provisions of the Criminal Code due to the Court's finding that the covid provisions stopped the running of the statute of limitations.
Following the judgment of the Constitutional Tribunal, the law firm has already taken the first steps on behalf of its clients to discontinue the proceedings in view of the statute of limitations, or to resume the proceedings in order to overturn the judgment and discontinue the proceedings in view of the statute of limitations.
[1] Article 15zzr1(1) of the Act of 2 March 2020 on special solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2021, item 2095, as amended).
[2] Judgment of the TK of 12 December 2023, Ref. P 12/22
[3] Regulation of the Minister of Health of 20 March 2020 on the declaration of an epidemic state in the territory of the Republic of Poland (Journal of Laws of 2020, item 491)
[4] Regulation of the Minister of Health of 12 May 2022 on the cancellation of an epidemic state in the territory of the Republic of Poland (Dz.U. of 2020, item 491)
[5] Ordinance of the Minister of Health on the declaration of an epidemic emergency in the territory of the Republic of Poland of 12 May 2022 (Journal of Laws of 2022, item 1028)
[6] Regulation of the Minister of Health on the cancellation of an epidemic emergency in the territory of the Republic of Poland of 14 June 2023 (Journal of Laws of 2023, item 1118)