Klondike czy złoto głupców wymiaru sprawiedliwości karnej?
KlondiKe or the Fool’s Gold of Criminal Justice?
Author(s): Jarosław WarylewskiSubject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Summary/Abstract: The article is devoted to criminal justice in Poland. It has a fragmentary and multithread nature. The Author aims to define the notion of justice both at the level of general law and criminal law through the prism of philosophy, symbolism and even myths.The system of criminal justice is not limited to imposing penalties. It already starts at the stage of criminological diagnosis of social reality, includes drafting and enacting legal provisions concerning the rules of liability, the types of criminal offenses, the measures of criminal response (not just penalties), the procedure for implementing these provisions,the course of the criminal trial from criminal investigations to final judgments. It usually ends at the stage of execution of the imposed penalties, punitive measures, compensatory safeguards, and probation. An important issue is the international criminal justice system, in particular in the form of permanent and temporary (ad hoc) tribunals. However, as relatively separate the latter issue has not been discussed in the article.The Author has presented the paradigm of criminal justice and related questions: retributive justice and restorative justice. The Author refers to the constitutional principles of criminal law and the understanding of the so-called “sentencing directives”. The importance of the public’s sense of justice and the possibility of its empirical testing have been also pointed out.Finally, the Author has presented and evaluated some of the solutions introduced in the amendment of criminal codification adopted on 1 July 2015.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2016
- Issue No: XXXV
- Page Range: 445-463
- Page Count: 19
- Language: Polish