Uzasadnienie podwyższenia progu warunkowego przedterminowego zwolnienia do 50 lat w doktrynie prawa karnego i orzecznictwie sądów
Justification for raising the threshold of conditional early release to 50 years in law doctrine and judicial decisions of courts

Author(s): Piotr Stępniak
Subject(s): Criminal Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: judicial quantum of prison sentence; conditional early release; principle of humanity; life imprisonment
Summary/Abstract: Conditional early release is one of the most important institutions allowing regulation of the actual length of the sentence. The decision on conditional release can be undertaken when the sentence is being carried out or pronounced, raising the statutory threshold for granting it. The issue arouses strong emotions in relation to the longest prison sentences. Is setting the threshold drastically at 50 years, when the convicted may submit the first application for conditional release, not dehumanization of the sentence itself and its implementation? Is it not a mockery of the rehabilitation in prison? What meaning can be given to his life without the prospect of freeing him from the burden of prison isolation? Is raising the threshold not sentencing the prisoner to slow death within the walls?

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