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
Abstract
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.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 59, 1997, z. 1, s. 13-26
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0035-9629