Change of the political system and social functions of criminal law — selected issues Cover Image

Zmiana systemu politycznego a funkcje społeczne prawa karnego — wybrane zagadnienia
Change of the political system and social functions of criminal law — selected issues

Author(s): Tomasz Kuczur
Subject(s): Politics / Political Sciences, Politics, History, Political history
Published by: Kancelaria Sejmu
Keywords: crimes against the state;state crime;legal principles;the rule of law; justice; legal settlement of the past;political system;

Summary/Abstract: The conditions related to the relationship between the political system and the shape of criminal law solutions in the period of a fundamental change of the political system in the model system — in accordance with the concept proposed by the author — are as follows: change of the political system, introduction into the political system of legal acts which validate it in the basic scope, adoption of a provisional constitution, adoption of a basic law (formally changing the state system), adoption of code solutions in the area of substantive criminal law. However, there are certain deviations from this “model”, depending on the direction of system changes. This process is different, for example, in a totalitarian system, and different in a democratic one. Therefore the role of criminal law in this process is different, and the intensity and scope of changes that are made by the provisions of this law are also varied. The answer to the question about the role of criminal law in individual political systems was the main research problem raised by the author.

  • Issue Year: 2020
  • Issue No: 5
  • Page Range: 55-81
  • Page Count: 27
  • Language: English, Polish