Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code

The author analyzes the amendment to the Executive Penal Code of 2022 in relation to the explicit introduction to this act of the possibility of conducting sexological tests in order to answer, among others, to the question whether the amendment was justified and necessary (necessary), whether in th...

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Main Author: Czesław Paweł Kłak
Format: Article
Language:Polish
Published: Ministry of Justice (Poland) 2023-09-01
Series:Probacja
Subjects:
Online Access:http://probacja.com/gicid/01.3001.0053.8718
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author Czesław Paweł Kłak
author_facet Czesław Paweł Kłak
author_sort Czesław Paweł Kłak
collection DOAJ
description The author analyzes the amendment to the Executive Penal Code of 2022 in relation to the explicit introduction to this act of the possibility of conducting sexological tests in order to answer, among others, to the question whether the amendment was justified and necessary (necessary), whether in the amended legal status the sexological examination regulated in the K.K.W. does it have an independent character?; what is the scope of sexological examinations in enforcement proceedings; did the legislator correctly edit the indicated provisions relating to sexological examinations?, as well as whether the amendment to the Executive Penal Code – the legislator's explicit use of the concept of sexological examination – should lead to the amendment of the Code of Criminal Procedure, which does not know such a concept and does not clearly impose an obligation on the accused undergo such an examination? The author finally recognizes that the legislator has properly identified the area requiring legislative intervention, but at the same time he indicates arguments for the need to specify the adopted solutions.
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spelling doaj.art-e58c40149a4f47f6b29de0249659c8922023-09-21T09:39:07ZpolMinistry of Justice (Poland)Probacja1689-61222023-09-013135210.5604/01.3001.0053.871801.3001.0053.8718Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal CodeCzesław Paweł Kłak0Instytut Prawa i Ekonomii Uniwersytetu Pedagogicznego im. KEN w KrakowieThe author analyzes the amendment to the Executive Penal Code of 2022 in relation to the explicit introduction to this act of the possibility of conducting sexological tests in order to answer, among others, to the question whether the amendment was justified and necessary (necessary), whether in the amended legal status the sexological examination regulated in the K.K.W. does it have an independent character?; what is the scope of sexological examinations in enforcement proceedings; did the legislator correctly edit the indicated provisions relating to sexological examinations?, as well as whether the amendment to the Executive Penal Code – the legislator's explicit use of the concept of sexological examination – should lead to the amendment of the Code of Criminal Procedure, which does not know such a concept and does not clearly impose an obligation on the accused undergo such an examination? The author finally recognizes that the legislator has properly identified the area requiring legislative intervention, but at the same time he indicates arguments for the need to specify the adopted solutions.http://probacja.com/gicid/01.3001.0053.8718sexological examinationsexological opinionrights and obligations of the convictexecution of the penalty of imprisonment
spellingShingle Czesław Paweł Kłak
Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code
Probacja
sexological examination
sexological opinion
rights and obligations of the convict
execution of the penalty of imprisonment
title Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code
title_full Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code
title_fullStr Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code
title_full_unstemmed Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code
title_short Sexological examination of the convicted and temporarily arrested in the amended (2022) Executive Penal Code
title_sort sexological examination of the convicted and temporarily arrested in the amended 2022 executive penal code
topic sexological examination
sexological opinion
rights and obligations of the convict
execution of the penalty of imprisonment
url http://probacja.com/gicid/01.3001.0053.8718
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