Prewencyjne wyłączenie warunkowego przedterminowego zwolnienia
Preventive exemption of conditional early release

– remarks in the context of a proposed amendment to Article 77 of the Polish Criminal Code

Summary/Abstract: The article discusses the proposed amendment to Article 77 of the Polish Criminal Code (k.k.) consisting in the introduction of a new paragraph which excludes the possibility of conditional early release in case of murder of a minor under 15 years of age in relation with rape committed by a perpetrator that have a disorder of sexual preferences. Starting from defining the principle of humanitarianism in the context of regulations currently in force, the author moves on to examine the issue of interpretation and the scope of application of Article 77 k.k. In the second part of the paper the author analyses the proposed provision from the point of view of the proportionality principle expressed in the Polish Constitution, referring it to the regulations contained in the Act regarding persons with mental disorders posing a threat to life, health and sexual integrity of others.

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