Kształtowanie się koncepcji kar dodatkowych w prawie karnym w okresie II Rzeczypospolitej Polskiej
Formation of the Concept of Supplementary Penalties in Criminal Law in the Period of the Second Polish Republic
Author(s): Mirosława MeleziniSubject(s): History, Law, Constitution, Jurisprudence, History of Law, Criminal Law, Interwar Period (1920 - 1939)
Published by: Wydawnictwo Uniwersytetu w Białymstoku
Keywords: Second Polish Republic; supplementary penalties; consequences of conviction; basic penalties; safeguards; sentencing
Summary/Abstract: The subject matter of this document is the formation of the concept of supplementary penalties in the criminal law in the period of the Second Polish Republic. The article presents the birth of the concept of supplementary penalties in Polish criminal law science, which was formed in the early 20th century against a background of criticism regarding the institution of legal consequences of conviction and efforts to grant judges more discretion with regard to sentencing. The article contains a broad presentation of the views on criminal law doctrine concerning the need to break-away from the automatic consequences of conviction and to introduce supplementary penalties. The article also presents discussion on the final model of supplementary penalties that took place during the works of the Codification Committee and describes the normative form of supplementary penalties in the Penal Code of 1932. It was concluded that the replacement of legal consequences of conviction with supplementary penalties was an expression of the idea of progress in Polish criminal law.
Journal: Miscellanea Historico-Iuridica
- Issue Year: 14/2015
- Issue No: 2
- Page Range: 113-125
- Page Count: 13
- Language: Polish