Wykładnia pojęć odbywania i wykonywania kary w prawie karnym na tle konstytucyjnego założenia o racjonalności prawodawcy
Legal interpretation of terms „serving” and „executing” the penalty in the context of constitutional assumption of the rational legislator

Summary/Abstract: This paper contains an analysis and legal interpretation of the terms serving the penalty and executing the penalty. The Author presents description of an aggregate penalty and its negative prerequisites settled in Art. 85 § 3 of Penal Code as a starting point of the interpretation. The research tool used by the author to clarify the interpretation problems is the assumption of the rational legislator and the directives of the proper legislation which were used as a constitutional context of this paper. This contribution also explores the newest resolutions of the Polish Supreme Courts and the legislative amendments which created the controversies of the analyzed issue.

• Details
• Contents