Wzajemne relacje między zasadą legalizmu a stosowaniem kar i innych środków karnoprawnej reakcji
The mutual relations between the principle of legalism and the application of penalties and other criminal law responses

Summary/Abstract: This study aims to highlight, on the one hand, the influence of the principle of legalism on sentencing policy, and, on the other hand, the impact of the rules governing the application of penalties and other criminal law responses on the scope and conceptualisation of that principle. From a constitutional perspective, the principle of legalism requires the existence of a competence norm for any action taken by public authorities. While such norms are primarily found within the provisions of procedural criminal law, this does not diminish the role of substantive criminal law. From the procedural standpoint, it should be noted that the dominant role of the principle of legalism in Poland necessitates the rationalisation of sentencing policy through the substantive definitione of a criminal offence, as established in Article 1 § 3 of the Polish Criminal Code. The criminal procedural principle of legalism, codified in Article 10 § 1 of the Polish Code of Criminal Procedure, reflects the constitutional principle of equality before the law and the principle of a proper criminal response, thereby implementing the model of distributive justice.

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