The Key Issues of Polish Penal Law - ebook
The Key Issues of Polish Penal Law - ebook
Humanism is also reflected in the Penal Code provisions concerning sentencing. These provisions require sentencing courts to take into account the personal traits and circumstances of the offender, his mode of living prior to committing the act and his behaviour after the offence. At the same time, the court is obliged to take into account the purpose of punishment, both with regards to its social impact and its preventive and re-educational aims in respect of the convict (art. 53 of the Penal Code). Based upon the principle of humanism the Code gives ground to the system of justice to less severe treatment of the offender who is responsible for an accidental offence, the negligence offence or when it is reasonable expecting that the offender, treated less severely, will not commit a new offence in the nearest future. The legal instruments for less severe treatment of an accidental offender include for example conditional discontinuance of proceedings concerning the offence – first of all – it should not be socially damaging (arts. 66–68). The book gives a view on the principles of Polish penal law. It consists of two parts which are divided due to the topics: general and special part of penal law. The authors present the commentary to the main institutions of Polish Penal Code. They show the most important provisions in the background of the doctrine and jurisprudence. The book is addressed both to the foreigners and the Poles who needs to improve their English in law.
Spis treści
Introduction 7
General Part 11
Principles 11
Offence 18
Element excluding offence. Circumstances excluding or reducing the degree of fault 23
Forms of committing an offence 31
Concurrence of statutory provisions and concurrence of offences 39
Imposition of penalties 43
Penalties, penal measures and preventive measures 51
Penalties 51
Penal measures 54
Preventive measures 66
Special Part 69
Conclusions 111
Selected bibliography 113
Kategoria: | Karne |
Język: | Angielski |
Zabezpieczenie: |
Watermark
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ISBN: | 978-83-7969-967-4 |
Rozmiar pliku: | 1,2 MB |