Wiodące kierunki nowelizacji kodeksu karnego
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Date
1982
Authors
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
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Main Directions of Amending the Penal Code
Abstract
Two directions of amending the Polish penal code are considered by the
authoress to be the leading ones. The first one is characterized by the strife to
diminish the represiveness of the Polish penal law. The second one comprises the
proposals aiming at the increase of the law abidingness.
When discussing the first trend, the authoress considers the multiple changes
of the penal code regulations concerning a capital punishment, deprivation of
liberty pecuniary penalty and the directives of determining a penalty. The elimination
of capital punishment, or its limitation to cases of manslaughter and high
treason is suggested. The lower limit of deprivation of liberty is decreased (to
equal one month) as well as other sanctions related to individual crimes. Deprivation
of liberty up to three years is to alternate, as a rule, with a penalty of
restricted liberty and a pecuniary penalty (fine). The adoption of the socalled
"Scandinavian system" in meting out fines in days is advised. Varying regulations are called for in questions of criminal responsiblity of
juveniles and young adult offenders. The regulation of recidivism has to be
essentially changed. The conditional discontinuance of criminal proceedings is to
be decided only in courts.
The decrease in represiveness of penal law can also be effected by the new
regulation of the conditional suspension of the enforcement of punishment and of
the release on licence.
The authoress advocates that the second trend of the proposed changes comprising
postulates aiming at the increase of the law abidingness is out of proportion
to the proposed amendments diminishing the represiveness of penal law.
The scope of protection of criticism is not extended there and the grounds
for the criminal responsibility of persons guilty of abuse of authority are not
secured. The range of changes concerning protection against corruption and speculation
is not satisfactory either. No coordination with the provisions of the Code
of Offences and the Speculation Control Act can be observed. It seems also
necessary to verify the obsolete part of the detailed provisions of the Penal Code.
On the other hand, the extention of the smart money institution (paid by the
perpetrator to the injured person) is to be classed among the changes of a right
direction.
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Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 4, s. 33-51
Seria
ISBN
ISSN
0035-9629