Rządy prawa kontra rządy niekonstytucyjnych przepisów karnych w czasie epidemii COVID-19 w Polsce

During the state of COVID-19 epidemic in Poland, the Polish Criminal Code was amended by introducing the higher penalties for committing many different crimes. The provisions were not related to protecting citizens from the threat of infection with the coronavirus. The amendment was passed in unlawful manner and must be assessed as contrary to the Polish Constitution. Violation of epidemic restrictions in the state of epidemic in Poland was punishable by a financial penalties imposed in the administrative procedure. These regulations violated many constitutional standards, including the right to a fair trial, the right to defense, the presumption of innocence, the criminal law principle of guilt, and the rule of fair punishment. Overcoming the rule of statutory lawlessness in favor of the rule of law is possible thanks to the functioning of independent and impartial courts in Poland, which are obliged to bypass unconstitutional provisions in their everyday practice of applying the polish and EU law.