Środek karny z art. 39 pkt 2b k.k. a prawo ofiary i sprawcy do samostanowienia
The penal measure of Article 39 item 2b of the Polish Penal Code and the victim’s and the perpetrator’s individual right to self-determination

Summary/Abstract: The penal measure of a prohibition on being in certain communities and lo-cations, on contacting certain individuals or on approaching certain individuals or on leaving a specifc place of residence without the court’s consent, evidently restricts the liberty of a person sentenced. The said restriction most of all serves to implement the preventative function of penal law, particularly the protection of the victim against the re-peat victimisation. At the same time, however, implementing this measure interferes with the victim’s life. Insofar as the restriction of the perpetrator’s liberty is in this case fully justifed, ignoring the opinion of the victim in decision-making process pertaining to implementation of the discussed legal measure does not meet the constitutional criterion of proportionality.

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