Reform of the criminal law in Poland
The author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presump...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2015-06-01
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| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| Subjects: | |
| Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/5662 |
| _version_ | 1797839897800736768 |
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| author | Marcin Byczyk |
| author_facet | Marcin Byczyk |
| author_sort | Marcin Byczyk |
| collection | DOAJ |
| description | The author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presumption that the deficiencies in current Polish criminal policy lead to overly repressive criminal law. A detailed analysis of the project, however, shows that it is not free from failures, in terms of both the formulation of legal norms as well as the reforms to institutions of the criminal law with respect to the application of penalties. It also does not take into account the arguments formulated in recent years regarding the reform of the criminal law. This leads to the conclusion thatthe proposed changes, though rightly focused on improving the most fundamental tools of criminal policy, nonetheless have the character of an ad hoc reform, which even had some elements of penal populism, influencing in such a negative way the shape of the criminal law in recent years. Yet most of those controversial changes have been abandoned during the parliamentary works on this since 1.07.2015 binding law. |
| first_indexed | 2024-04-09T16:05:37Z |
| format | Article |
| id | doaj.art-c162887c7baa4c699f58a7672c6eb594 |
| institution | Directory Open Access Journal |
| issn | 2083-9782 2450-0976 |
| language | English |
| last_indexed | 2024-04-09T16:05:37Z |
| publishDate | 2015-06-01 |
| publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
| record_format | Article |
| series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| spelling | doaj.art-c162887c7baa4c699f58a7672c6eb5942023-04-25T06:42:10ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762015-06-01510.14746/ppuam.2015.5.17Reform of the criminal law in PolandMarcin ByczykThe author discusses the main ideas behind the proposed reform of the criminal law in light of the project conveyed to the Polish Sejm on the 15th of May 2014. The proposed changes, being the most significant ones since the recodification of the criminal law in 1997, are based on the correct presumption that the deficiencies in current Polish criminal policy lead to overly repressive criminal law. A detailed analysis of the project, however, shows that it is not free from failures, in terms of both the formulation of legal norms as well as the reforms to institutions of the criminal law with respect to the application of penalties. It also does not take into account the arguments formulated in recent years regarding the reform of the criminal law. This leads to the conclusion thatthe proposed changes, though rightly focused on improving the most fundamental tools of criminal policy, nonetheless have the character of an ad hoc reform, which even had some elements of penal populism, influencing in such a negative way the shape of the criminal law in recent years. Yet most of those controversial changes have been abandoned during the parliamentary works on this since 1.07.2015 binding law.https://pressto.amu.edu.pl/index.php/ppuam/article/view/5662reform of the criminal lawcriminal policypenal populismapplication of penalty |
| spellingShingle | Marcin Byczyk Reform of the criminal law in Poland Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza reform of the criminal law criminal policy penal populism application of penalty |
| title | Reform of the criminal law in Poland |
| title_full | Reform of the criminal law in Poland |
| title_fullStr | Reform of the criminal law in Poland |
| title_full_unstemmed | Reform of the criminal law in Poland |
| title_short | Reform of the criminal law in Poland |
| title_sort | reform of the criminal law in poland |
| topic | reform of the criminal law criminal policy penal populism application of penalty |
| url | https://pressto.amu.edu.pl/index.php/ppuam/article/view/5662 |
| work_keys_str_mv | AT marcinbyczyk reformofthecriminallawinpoland |