Ograniczona poczytalność a wymiar kary dożywotniego pozbawienia wolności (6 Krakowskie Forum Karnistyczne, 16 czerwca 2023 roku)
Limited Mental Capacity and the Sentence of Life Imprisonment (6th Kraków Penal Forum, 16 June 2023)

Summary/Abstract: The report covers the second panel titled ‘Limited Mental Capacity and Deprivation of Liberty for Life’ of the 6th Krakow Penal Forum, held on 16 June 2023 at the Faculty of Law and Administration of the Jagiellonian University in Krakow. During the second panel of the Forum, the problem of imposing deprivation of liberty for life on perpetrators committing crimes in a state of limited mental capacity was raised and then discussed. Mental illness, mental impairment, aberration of sexual preferences or personality disorders reduce the degree of fault. Pursuant to Article 53 § 1 of the Polish Criminal Code, the severity of punishment may not exceed the degree of fault, which raises the question of the admissibility of imposing the most severe penalty on such perpetrators. However, according to Article 93g § 2 of the Polish Criminal Code, in the case of a state of limited mental capacity, imposition of an isolating protective measure in the form of a placement in a psychiatric facility is possible only in the case of perpetrators suffering from mental illness or mental impairment. Although perpetrators with personality disorders may act in a state of limited mental capacity (or even insanity), the possibility of psychiatric detention is, in principle, not provided for them, and committing a prohibited act after 1 July 2015 makes it impossible for them to be placed in the National Centre for the Prevention of Dissocial Behaviour. The purpose of the second panel of the Forum was to analyse the above issues from a psychological and legal perspective, indicating proposals for solutions concerning the future of protective measures.

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