Zasada równości w prawie karnym
Equality principle in criminal law

an outline of issues

Summary/Abstract: The purpose of this paper is to reflect upon the function and meaning of the principle of equality in criminal law. The article encompasses an analysis of the constitutional status of the aforementioned principle and its characterization according to R. Dworkin’s and R. Alexy’s typology. The latter is considered constituting a basis for the classification of said principle as a principle in the first place. Moreover, the reasons for and consequences of the lack of a clear determination of the principle of equality in criminal law provisions are discussed. The authors strive to emphasize the importance of the constitutional regulations pertaining to the principle under consideration, especially as regards to the process of lawmaking and practical application of the law. By referring to the concepts derived from the constitutionalization of the law, as well as post-positivism and neo-constitutionalism, this dissertation proposes an adequate way in which the principle of equality should work when it comes to the application of criminal law. The article further contains a detailed analysis of the equality principle and its effect on the realization of substantive and procedural justice. The methods of using this principle in criminal law (substantive, procedural and executive) as decoded from case law and legal scholars’ doctrine are presented. The specific and unique role of the principle with regard to the court justice system is stressed, for due to the wide scope of discretionary powers vested in judges, in the authors’ opinion that equality principle should constitute the primary directive of interpretation to ensure the uniformity of case law and equal treatment of perpetrators of similar offenses. Finally, a catalog of functions associated with the principle of equality in criminal law is described and discussed from a comparative perspective, including numerous references to the American legal system.

• Details
• Contents