Impact of the expungement of sentence on the fact of committing a crime and the fact of conviction Cover Image

Wpływ zatarcia skazania na fakt popełnienia przestępstwa oraz fakt skazania
Impact of the expungement of sentence on the fact of committing a crime and the fact of conviction

Author(s): Daniel Kwiatkowski
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: expungement of sentence;conviction;committing of a crime;res iudicata;

Summary/Abstract: The article is aimed at resolving the controversy in the criminal law doctrine referring to the basic effects of the expungement of sentence, that is the influence of this institution on the fact of conviction and the fact of committing a crime. The arising discrepancies are visible not only in the legal doctrine but above all in jurisprudence, and it seems that they have not been sufficiently explained. There are still judicial decisions referring to the opposing positions. The resolution of the presented problem aims at organizing the discussion concerning the expungement of sentence, as the presented issues form the basis for further considerations on the abovementioned topic.

  • Issue Year: 23/2019
  • Issue No: 1
  • Page Range: 107-124
  • Page Count: 18
  • Language: Polish