„Małoletniość” a problematyka ustawowych wskazań sądowego wymiaru kary – wybrane zagadnienia
‘Minors’ and problematic aspects of judicial sentencing – selected problems

Summary/Abstract: The purpose of this article is to determine the meaning of ‘minors’ in provisions shaping judicial sentencing. The theoretical and legal considerations serve primarily to assess whether the young age of both the perpetrator and the crime victim may arbitrarily determine the direction of interpretation of the statutory indications for the penalty, and consequently unconditionally determine the type and length of the criminal sanction imposed in such cases. The considerations were based on the analysis of the solutions provided for in the following articles of the Polish Penal Code: 10 § 3, 53 § 2, and 54.

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