The Concept of Judicial Rehabilitation in the Work
of the Codification Commission on the Draft
of the Polish Penal Code of 1932 Cover Image

Koncepcja rehabilitacji sądowej w pracach Komisji Kodyfikacyjnej nad projektem polskiego kodeksu karnego z 1932 roku
The Concept of Judicial Rehabilitation in the Work of the Codification Commission on the Draft of the Polish Penal Code of 1932

Author(s): ANDRZEJ PASEK
Subject(s): History of Law, Criminal Law, Interwar Period (1920 - 1939)
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: Criminal Law Section; codification; Penal Code; judicial rehabilitation; blurring of the court judgment;

Summary/Abstract: The article presents the course of work in the Criminal Law Section of the Codification Com-mission of the Republic of Poland on the institution of judicial rehabilitation. It has been shownthat its concept was carefully developed on the basis of the resolutions of the Criminal Law Sectioninspired by prof. J. Makarewicz’s report and the discussion developed around this report, takinginto account the achievements of foreign legislation and legal doctrine. The solutions based onthese resolutions proposed by J. Makarewicz in the preliminary draft of the general part of the PenalCode were subject to further substantive and editorial modifications as a part of the second and thirdreading of the Polish Penal Code draft, and then at the forum of a specially appointed MinisterialCommittee. As a consequence of these activities, the inclusion of judicial rehabilitation in the PolishPenal Code of 1932 respected the latest postulates of the criminal policy and implemented the prin-ciple of punishment individualization.

  • Issue Year: 2023
  • Issue No: 335
  • Page Range: 73-88
  • Page Count: 16
  • Language: Polish
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