Recent amendments of polish Penal Code in light of constitutional rule of proportionality Cover Image

Ostatnie nowelizacje Kodeksu karnego w perspektywie konstytucyjnej zasady proporcjonalności
Recent amendments of polish Penal Code in light of constitutional rule of proportionality

Author(s): Mateusz Korzeniak, Wojciech Płóciennik
Subject(s): Constitutional Law, Criminal Law
Published by: Stowarzyszenie Mage.pl
Keywords: proportionality rule; Constitution; Penal Code’s amendments; penal populism;

Summary/Abstract: The main goal of the article is to point out reservations for recent changes of Penal Code accordance with Constitutional rule of proportionality, stated in article 31 passage 3 of Polish Constitution. Indicated rule is the most important boundary for legislative activity, especially in terms of criminal law, which intervenes the most into the area of human right and liberties. Authors conclude that recent activity of the legislator tend to depart from comprehensive and rational reform of criminal law towards partial and populist changes.

  • Issue Year: 15/2018
  • Issue No: 3
  • Page Range: 57-68
  • Page Count: 12
  • Language: Polish