Różnice między Kodeksem karnym z 1997 roku a Kodeksem karnym z 1932 roku
Differences between the Penal Code of 1997 and the Penal Code of 1932
Author(s): Karol DuszaSubject(s): History of Law, Criminal Law, Penology, Interwar Period (1920 - 1939), Transformation Period (1990 - 2010), Penal Policy
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: Penal Code of 1997; Penal Code of 1932; internationalization of penal law; relaxion of penal policy; custom neutraility;
Summary/Abstract: The article presents three characteristic phenomena that have occurred within the criminal law system, affecting the content of the Penal Code of 1997, while differentiating it from the Code of 1932. These phenomena are: internationalization of criminal law, relaxation of criminal law policy towards the perpetrator and custom neutrality of the specific part of the from 1997. The internationalization of criminal law manifests itself in: raising the standard of legal protection of the principle of humanitarianism, the international protection procedure of the principle of humanitarianism and the functioning of the International Criminal Court in The Hague. The relaxation of the criminal law policy towards the perpetrator is expressed by: abolishing the death penalty, increasing the possibility of adjudicating non-custodial penalties, such as fines and imprisonment, and adding a new probation measure. The custom neutrality of the special part of the Code of 1997 is manifested by the depenalization of crimes: homosexual prostitution and blasphemy as a qualified type of crime of offending religious feelings. In addition to the decriminalization of the aforementioned crimes, the penal act in question is a neutral act in terms of sexual custom and religion or lack of it.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2023
- Issue No: 3
- Page Range: 5-21
- Page Count: 17
- Language: Polish