Reforma czy rewolucja? Nowy kształt środków zabezpieczających
A REFORM OR A REVOLUTION? THE NEW MODEL OF PROTECTIVE MEASURES
Author(s): Piotr KładocznySubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: protective measures; Criminal Code; amendment; guaranteeing function; proportionality; punitive measures; punishment; addiction; disorder; perpetrator; psychiatric facility; postpenal measures
Summary/Abstract: The Act of 20 February 2015 amending the Criminal Code and certain other acts introduced a completely new model of protective measures (środki zabezpieczające). The article contains a critical analysis of the principles that lay at the foundation of the legislator’s move to create the current solutions, namely wide application of non-custodial protective measures, execution of those measures only after the execution of the imprisonment sentence and application of protective measures to convicts sentenced to non-custodial punishment. The author also analyses the consequences of applying these principles in particular provisions and the controversy concerning the compliance of the new normative solutions with the Constitution. The author also points to the doubts whether the advantages of extending the application of protective measures will balance the weakening of the guaranteeing function of criminal law.
Journal: Studia Iuridica
- Issue Year: 2016
- Issue No: 65
- Page Range: 175-188
- Page Count: 14
- Language: Polish