Uwagi o środkach związanych z okresem próby na tle nowelizacji kodeksu karnego
Journal Title: Studia Ekonomiczne, Prawne i Administracyjne - Year 2016, Vol 1, Issue 1
Abstract
The author presents three institutions of criminal law relating to the probation period in the context of amendments introduced by the Act of 20 February 2015. They became effective on 1 July this year. In consequence of these amendments, the conditional discontinuance of criminal proceedings may now be applied to all offences for which the statutory penalty is up to five years of imprisonment. The author believes that it is not the right direction of legal solutions and that the original meaning of this institution is distorted. This broad possibility of the application of conditional discontinuance is to some extent detrimental to the idea of justice. In the case of the second of the three institutions - conditional suspension of the execution of a penalty - the possibility of applying this measure has now been significantly restricted. The penalty of imprisonment can now be suspended only for the sentence of up to one year. None of the previous Polish Criminal Codes has applied such restrictions. The legislator's intention to, in a way, compel the courts to impose the penalty of fine or restriction of liberty to a greater extent than before is based on dubious assumptions. The author also critically assesses the new solutions adopted in Articles 75 §3a and 75a concerning the reduction of adjudicated penalty or conversion of penalty. There are, however, no significant changes regarding the third measure: conditional early release. (original abstract)
Authors and Affiliations
Tadeusz Bojarski
Keywords
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