Ujęcie recydywy specjalnej w przyszłym kodeksie karnym

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Wydział Prawa i Administracji UAM

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Formulation of special recidivism in the future Polish Penal Code


The project of penal code is in the Diet nowadays and the parliamentary debate preceding its voting is far advanced. The present proposition is an attempt to suggest some important changes in provisions that regulate penalization of special recidivism. These are changes which however still do have a chance to be accepted by the parliamentary commission. The propositions in question aim at adapting in a clearer way the purposes and means of statutory penalty to the there different areas of facts resulting in relapse into crime. They also intend to adopt as a basis for punishing the recidivists first of all the character of the last crime committed and the importance of the latter rather than the category itself of perpetrators relapsing in crime. 1. Where more trivial offence is involved and within the scope where tendencies not to decree imprisonment penalties should be dominating - the provision on special recidivism permits the court to increase these penalties without opposing general trends in penal policy. 2. As far as more serious crime is concerned - j u s t for the reason of its importance and of the scale of sanctiofs - the author proposes a confinement to advising the court to take into consideration the relapse into crime when fixing up penalty of deprivation of liberty decided within the framework of statutory punishability. 3. In relation with most serious misdemeanors and their most threatening perpetrators (what more is - expecting badly for the future) the author proposes to apply here the isolating function of the punishment as an exception from the guilt principle which is accepted as a pattern for sentencing. In case of a relapse into the statutory cited crime, the court is legally bound to decree the penalty of deprivation of liberty without conditional stay of the carrying out of a sentence decided. The upper limit of the punishment may be then augmented by a half but may not exceed 15 years.



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny, 59, 1997, z. 1, s. 13-26



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego