KARA OGRANICZENIA WOLNOŚCI – OCZEKIWANIA I RZECZYWISTOŚĆ
THE PENALTY OF RESTRICTION OF LIBERTY – EXPECTATIONS AND REALITY

Summary/Abstract: The subject of this study is an attempt to provide answers to a question, whether theassumptions and expectations of the legislators have been expressed in the 2015 amendmentto the criminal law, concerning the penalty of restriction of liberty, have been fulfilled in thepractice of justice. Based on the analysis, it turns out, that the main goal of the reform hasbeen achieved, this is, significant limitation of the adjudication of the penalty of restriction ofliberty with a conditional suspension of its execution in favour of the non-custodial penalties,and the role of the penalty of restriction of liberty in criminal policy has significantly increased.At the same time, a negative result of the changes, was an increase in the scope of applicationof the unconditional imprisonment penalty, which means, that in relation to the certain part ofperpetrators, the limitation of the application of conditional suspension of penalty executionhas influenced the increase in the frequency of application of the unconditional imprisonment.Analysing problems concerned with adjudication and execution of the penalty of restriction ofliberty, the particular attention was drawn to a significant importance of the accuracy to selectthe penalty of restriction liberty in a form of an obligation to perform unpaid, controlled workfor social purposes for a specific case and non-compliance in practice, with the directive of art. 58§ 2a of the Polish Criminal Code. The consequence of such state of affairs is an increase in thenumber of ordered for execution, substitute penalties of imprisonment instead of the restrictionof liberty penalty. In addition, based on the established facts, it appears, that the serious concernsare raised by the effectiveness of the penalty of restriction of liberty measured by the recidivismrate, because it brings the penalty of restriction of liberty closer to an unconditional penalty ofimprisonment and significantly deviates from effectiveness of the other non-isolation penaltiesand measures.

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