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Alternative title:

The Concept of Judicial Rehabilitation in the Work of the Codification Commission on the Draft of the Polish Penal Code of 1932

Subject and Keywords:

Criminal Law Section   codification   Penal Code   judicial rehabilitation   blurring of the court judgment

Abstract:

The article presents the course of work in the Criminal Law Section of the Codification Commission of the Republic of Poland on the institution of judicial rehabilitation. It has been shown that its concept was carefully developed on the basis of the resolutions of the Criminal Law Section inspired by prof. J. Makarewicz’s report and the discussion developed around this report, taking into account the achievements of foreign legislation and legal doctrine. The solutions based on these resolutions proposed by J. Makarewicz in the preliminary draft of the general part of the Penal Code were subject to further substantive and editorial modifications as a part of the second and third reading of the Polish Penal Code draft, and then at the forum of a specially appointed Ministerial Committee. As a consequence of these activities, the inclusion of judicial rehabilitation in the Polish Penal Code of 1932 respected the latest postulates of the criminal policy and implemented the principle of punishment individualization.

Place of publishing:

Wrocław

Date issued:

2022

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0524-4544

DOI:

10.19195/0524-4544.335.5

Source:

PAd P 101182 II

Language:

pol

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego sp. z o.o., Wrocław 2022   Copyright by CNS

Autor opisu:

WR U/PAdal