Normative Inflation in Criminal Law – Reality or Fiction? Cover Image

Inflacja normatywna w prawie karnym – rzeczywistość czy złudzenie?
Normative Inflation in Criminal Law – Reality or Fiction?

Author(s): Kazimierz Zgryzek
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: criminal law; amendments

Summary/Abstract: The author discusses the problem of excessive normative production in Polish legal system on the example of the changes implemented by amending the Code of Criminal Procedure. The article presents the changes implemented in the particular codes of criminal proceedings, starting with the first code of the independent Poland, the Code of 1928, followed by the amendments to that code, which remained in effect until December 31, 1969, as well as modified normative solutions remaining in effect prior to the change of the political and economic system, and concluding with the Code of Criminal Procedure which came into force on September 1, 1998. Such comparative study of the activity of the Polish Parliament between 1928 and 2017 reveals a severe excessive normative production with regard to criminal law in the recent years. The author argues that any normative changes to code regulations should be implemented only once the regulations subject to change have been tested in practice and have undergone an in-depth discussion in all groups that use the modified norms. As a positive example, the author enumerates the efforts of the Codification Commission of the Criminal Law, which resulted in the amendment of September, 2013, and compares it with the procedure of amending the Code of Criminal Procedure in March, 2016.

  • Issue Year: 27/2017
  • Issue No: 1
  • Page Range: 221-235
  • Page Count: 15
  • Language: Polish