Zanim uznamy karę za uzasadnioną… Legitymacja polityczna państwa jako warunek karania
Justifying the Punishment ... Political Legitimization of the State as a Condition of Punishment

Summary/Abstract: The main purpose of the article is to attempt to develop a concept of justifying punishment based on the moral responsibility of the perpetrator. It is seen as a basis for punishment in case of the lack of a political legitimacy or a moral authority of the state to punish. Is criminal punishment justified if the state does not have the so called ius puniendi? Asking a question raises many problems, and the very conclusion that the state may not have ius puniendi seems controversial. The article discuss a wide range of problems with regards to ius puniendi and a political legitimacy of a state.

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