THE SYSTEM OF PENAL MEASURES IN THE PENAL CODE OF 1997. IN THE LIGHT OF THE ACT OF JULY 7, 2022 AMENDING THE ACT – PENAL CODE AND CERTAIN OTHER ACTS Cover Image

SYSTEM ŚRODKÓW KARNYCH W KODEKSIE KARNYM Z 1997 R. W ŚWIETLE USTAWY Z DNIA 7 LIPCA 2022 R. O ZMIANIE USTAWY – KODEKS KARNY ORAZ NIEKTÓRYCH INNYCH USTAW
THE SYSTEM OF PENAL MEASURES IN THE PENAL CODE OF 1997. IN THE LIGHT OF THE ACT OF JULY 7, 2022 AMENDING THE ACT – PENAL CODE AND CERTAIN OTHER ACTS

Author(s): Marta Roma Tużnik
Subject(s): History of Law, Criminal Law, Sociology of Law, Court case
Published by: Wydawnictwo im. Prof. L.J. Krzyżanowskiego WSM w Warszawie
Keywords: The Penal Code; punitive measures; amendment; degradation; deprivation of public rights; prohibition to hold a specifi c position or perform a specifi c profession; a ban on staying in specifi c envir

Summary/Abstract: This study discusses the assumptions of the Act of July 7, 2022. amending the Act - Penal Code and certain other acts regarding changes in the system of penal measures introduced into the Penal Code of 1997 The main thrust of the considerations undertaken by the Author is the presentation of changes relating to the expansion of the catalog of penal measures provided for crimes (Article 39 of the Penal Code) and the modifi cation of legal provisions relating to the following penal measures: degradation (Article 43ba and Article 43bb of the Penal Code), deprivation of public rights (Article 40 § 2 point 2 of the Penal Code), prohibition on holding a specifi c position or practicing a specifi c profession (Article 41 § 1a, § 1aa, § 1ab of the Penal Code), prohibition on staying in specifi c environments or places, contacting specifi c persons, approaching to specifi c persons or leaving a specifi c place of residence without the consent of the court, as well as an order to temporarily leave the premises occupied jointly with the injured party (Article 41a §1a, § 2, § 6 of the Penal Code), driving ban (Article 42 § 2 and § 3 of the Penal Code ) and monetary benefi ts (Article 43a § 3 of the Penal Code). The issue of the function of penal measures and the methods of adjudicating them was also presented. Moreover, the article contains a presentation of the positions of various entities assessing the legal regulations adopted by the Act in question regarding the title issue. The research purpose of the work is to familiarize the reader in detail with the changes introduced by the Act of July 7, 2022. amending the Act - Penal Code and certain other acts in the system of penal measures established in the Penal Code of 1997 The main research hypothesis formulated by the Author is as follows: changes in the legal regulations regarding criminal measures from the Penal Code of 1997. are right. The work uses such research methods as the analysis of legal texts and dogmatic analysis. The conclusions of the work, detailed description of which can be found in the summary, partially confi rm the research hypothesis.

  • Issue Year: 43/2023
  • Issue No: 4
  • Page Range: 233-250
  • Page Count: 18
  • Language: Polish
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