Odpowiedzialność karna w orzecznictwie Europejskiego Trybunału Praw Człowieka i Trybunału Konstytucyjnego
Criminal Liability in the Case Law of the European Court of Human Rights and the Constitutional Tribunal

Author(s): Emil Śliwiński
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: criminal liability; repressive liability; repressiveness; punishment; sanction
Summary/Abstract: The publication explores the term of “criminal liability” (and the concepts relating to punishment) in the European Convention on Human Rights and the Constitution of the Polish Republic. The author analyses over 300 decisions of the European Court of Human Rights and the Constitutional Tribunal, relating to the application of Articles 6 and 7 of the Convention, Articles 2–4 of Protocol no. 7 to the Convention, as well as Article 42 of the Polish Constitution, which attempt to establish a boundary between the act of punishment and the application of another, non-punitive sanction. The analysis is carried out in abstracto and in concreto with reference to several dozen Polish legal institutions, which can be perceived as punishments. Legal status as of August 1, 2022. The book is addressed to law scholars and law professionals: judges, lawyers, legal advisors and prosecutors, who every day have to decide if they are or are not confronted with punishment.

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