Ingerencyjność i gwarancyjność norm prawa karnego
The Relation Between an Interference and a Guarantee Principles in the Application of Penal Law

Summary/Abstract: The subject of the discussion presented in the article is the relation between an interference and a guarantee principles in the application of penal law. The author analyzes the question by two case studies. The first one concerns the detention ward justified by the presumption of severe punishment, the other one the confiscation of proceeds from crime. The article presents the influence of a penal law interpretation on its application in practice and shows the meaning of interference and guarantee principles in this proceeding. The author indicates that interest of justice requires the protection of fundamental laws such as ownership and freedom and that the law enforcement by applying the law is always obliged to protect both- the society as a whole as well as individual interest.

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