Sekwencja kar pozbawienia wolności i ograniczenia wolności (art. 37b k.k.) - wybrane uwagi po czterech latach funkcjonowania w polskim systemie prawnym.
A sequence of imprisonment and restriction of liberty
a few remarks after four years of operation in Polish legal system
Author(s): Mateusz Korzeniak, Mateusz SzurmanSubject(s): Civil Law, Sociology of Law
Published by: Stowarzyszenie Mage.pl
Keywords: sequence of penalties; system of penalties; suppression of crime; penalty of imprisonment; restriction of liberty
Summary/Abstract: The sequence of penalty is a new measure of penal reaction, which according to the legislator’s intention should replace the suspended imprisonment, which is too often used by the courts. A short period of imprisonment provides deterrence to criminal behavior and at the same time due to penalty of limitation of liberty, which is deprived from strong stigmatization effect, it is possible to approach socially expected behavior. The authors examined the Ministry of Justices files and analyzed the use of this institution in the context of achieving the objectives set forth it during the legislation process. The Authors also indicate the problems in Art. 37b application.
Journal: Kwartalnik Prawo-Społeczeństwo-Ekonomia
- Issue Year: 19/2019
- Issue No: 3
- Page Range: 16-29
- Page Count: 14
- Language: Polish