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The statutory basis of using non-custodial penalties in the Penal Code of 1997 after the amendment of 20th February 2015



Subject and Keywords:

amendment   criminal law   punishment   imprisonment   restriction of liberty   fine   non-custodial penalties   sentence   penal policy   reform   sanction   directives


Tyt. tomu: Prawo karne w perspektywie zmian wprowadzonych ustawą z dnia 20 lutego 2015 roku


The article is devoted to selected issues of the statutory principles of applying non- custodial penalties introduced into the Polish criminal law system by the amendment of 20th of February 2015. In the preliminary part of the article the basic assumptions of the directions of the reform are presented, together with the aims and the tasks that it is to accomplish.The expression of the essential revaluation in penal policy are regulations of Art. 37a c.c., Art. 37b c.c. and Art. 75a § 1 c.c. discussed in the paper, which in the science of law are believed to be the pillars of that reform and are, according to the legislator’s intentions, to realize the rule of the primacy of non-custodial penalties better than the previous normalizations. The author’s attention is drawn to the most arguable issues in the field of these regulations. Among those issues the most crucial seems to be the matter of their legal nature, the controversies and the doubts arising from the interpretation of the elements of their statutory structure, the premises of implementation and predictable results they can cause in the realm of the justice. The final part of the article comprises comments and reflections devoted to the evaluation of the introduced changes, their validity and purposefulness and to the perspectives of their functioning within the legal system.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:


Date copyrighted:



ISSN 2084-5065   ISSN 0239-6661


pol   eng


Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 37, 2015, s. 39-70

Is version of:

Czasopisma Naukowe w Sieci (CNS)

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Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg