Special relapse into crime in works of the Codification Commission Substantive Criminal Law Group in PRL 1964–1968 - Repository of University of Wroclaw

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Special relapse into crime in works of the Codification Commission Substantive Criminal Law Group in PRL 1964–1968 Szczygieł, Tomasz

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Special relapse into crime in works of the Codification Commission Substantive Criminal Law Group in PRL 1964–1968

Szczygieł, Tomasz

0000-0002-7017-0000

relapse to crime Criminal Code Polish People’s Republic

The relapse to crime was one of the main problems in codifying the criminal law of the Polish People’s Republic. The current ideology assumed the disappearance of crime along with the development of the socialist state. The return to crime, however, contradicted this vision, at the same time undermining the possibility of “raising” a newtype of socialist man. For these reasons, the Codification Committee was expected to contribute to the resolution of this phenomenon by the future criminal code of the People’s Republic of Poland. The assumptions for future legal solutions in this area were prepared by Kryspin Mioduski. The proposals of Witold Świda had the greatest influence on the final shape of the project. Contrary to the reservations and concerns of some members of the commission – including the drafters of the regulations – the Substantive Criminal Law Team focused on intensifying penal repression against recidivists. The issue of subjectivization and individualization of criminal responsibility was relegated to the background. A temporary effect was needed, regardless of the possible negative effects on the psyche of the convicts and the current penitentiary system. Consistently opposed to this approach, Stanisław Batawia, who, both during codification work and during discussions on the 1968 project, questioned the formal approach to combating return crime.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Górnicki, Leonard. Red.

10.34616/fiuw.2020.2.57.79

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