POJĘCIE I ZAKRES DYREKTYWY PREWENCJI OGÓLNEJ NA TLE UREGULOWAŃ KODEKSU KARNEGO Z 1997 ROKU
THE CONCEPT AND SCOPE OF THE GENERAL PREVENTION DIRECTIVE ACCORDING TO THE REGULATIONS OF THE CRIMINAL CODE 1997

Summary/Abstract: The statutory penalty should meet the requirements expressed in the imposed criminal sanctions. One of such guidelines is the general prevention directive, formed in the final provision of Article 53 § 1 of the Criminal Code. Legislative formulation specifying the scope of the aforementioned directive limits its role to the requirement that the courts take into account the needs of shaping the legal awareness of the society. This wording eliminates from the possible purpose of punishment the issue of striving to meet other expectations towards it, in particular the postulate of achieving by its application the effect of deterring potential offenders from any attempt to enter the path of criminal law. Such an approach emphasizes the educational considerations of punishment, which is to be an element of the broadly understood process of educating society and promoting in it attitudes of respect for the norms of criminal law and thus preventing any manifestations of its violation.

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