POPULIZM PENALNY A ZMNIEJSZENIE REPRESYJNOŚCI PRAWA KARNEGO — UWAGI NA TLE ART. 25 § 2A I 3 K.K.
PENAL POPULISM AND THE REDUCTION OF THE REPRESSIVENESS OF CRIMINAL LAW — REMARKS IN THE CONTEXT OF ARTICLE 25(2) POINTS (2A) AND (3) OF THE PENAL CODE

Summary/Abstract: The subject of this publication is an attempt to establish the relationship that exists between penalpopulism and criminal law instruments leading to the decriminalisation or exclusion from punish-ment of hitherto punishable behavior. The phenomenon of penal populism is, in fact, traditionallyassociated with an increasing repressiveness of criminal law. As a consequence, statutory solutionsrevoking the punishability of certain criminal acts should be treated as opposing penal populism. Theanalysis was carried out on the example of the Penal Code regulations ensuring non-criminalizationin certain cases of exceeding the limits of necessary self-defense. This leads to the conviction thatalso the depenalization procedure may correspond to the characteristics ascribed to penal populism.Consequently, it seems unjustified to limit this concept only to measures leading to an increase inthe repressiveness of criminal law.

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