GRANICE KARY POZBAWIENIA WOLNOŚCI. UWAGI NA TLE NOWELIZACJI KODEKSU KARNEGO Z DNIA 7 LIPCA 2022 R. ORAZ AKTUALNYCH KIERUNKÓW ZMIAN W PRAWIE KARNYM
LIMITS OF IMPRISONMENT. REMARKS ON THE BACKGROUND OF THE NOVEL OF THE CRIMINAL CODE OF 7 JULY 2022 AND CURRENT DIRECTIONS OF CHANGES IN CRIMINAL LAW

Summary/Abstract: The Act of 7 July 2022 on amendments to the Criminal Code and certain other laws, amonga major reconstruction of Polish criminal law, made an unprecedented in modern Polish codifica-tions expansion of the courts’ discretion in imposing a sentence of imprisonment. Under the cur-rent provisions of Art. 37 of the Criminal Code, it is possible to impose a sentence of imprisonmentup to the upper limit of 30 years. In this article, the author will attempt to answer the question ofthe justification for such a significant increase in judicial discretion in the application of imprison-ment, while at the same time there is no increase in the measures to rationalize the amount of thispenalty on the grounds of a particular case. The article discusses recent amendments to Art. 37 ofthe Criminal Code and current legislative trends regarding the limits of imprisonment.

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