ZMIANY UNORMOWANIA RECYDYWY JURYDYCZNEJ (ART. 64 I ART. 64A K.K.) W USTAWIE Z DNIA 7 LIPCA 2022 R. O ZMIANIE USTAWY - KODEKS KARNY ORAZ NIEKTÓRYCH INNYCH USTAW
CHANGES IN THE REGULATION OF RECIDIVISM (ARTICLE 64 AND ARTICLE 64A OF THE CRIMINAL CODE) INTRODUCED BY THE ACT OF JULY 7, 2022 AMENDING THE ACT - THE CRIMINAL CODE AND SOME OTHER ACTS

Summary/Abstract: The article discusses the changes in the regulation of recidivism introduced by the Act of July 7, 2022 amending the Act - the Criminal Code and some other acts. Basic special recidivism (Article 64 § 1 of the Criminal Code) from an optional basis for aggravation of punishment becomes an obligatory basis. Multiple special recidivism (Article 64 § 2 of the Criminal Code) becomes an institution obliging the court to impose a penalty from the lower limit of the statutory sanction increased by half. The legislator also introduces a special form of legal recidivism, the so-called sexual recidivism, concerning an offender who commits an offense against sexual freedom which the upper limit of statutory sanction is at least 8 years of imprisonment - for the second time. The author also outlined the potential risks of the amendment because it narrows the scope of judicial discretion in the degree of penalty, which may not allow for the imposition of penalty in accordance with the directives for its imposition (Article 53 of the Criminal Code).

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