CRITICAL REMARKS REGARDING THE EXCLUSION OF SEIZURE OF A CONVICTION PURSUANT TO ART. 106A OF THE PENAL CODE GLOSS TO THE JUDGMENT OF THE CONSTITUTIONAL TRIBUNAL OF DECEMBER 16, 2020 IN THE CASE SK 26/16

Abstract

By the judgment of December 16, 2020 in the case file ref. act SK 26/16 The Constitutional Tribunal ruled on the compliance of Art. 106a of the Penal Code with the Constitution of the Republic of Poland. At the same time, the adjudication panel noticed the shortcomings of Art. 106a of the Penal Code and addressed the Sejm with a signal that it was necessary to consider an appropriate modification of the aforementioned provision. The author analyzes the issued judgment and the content of the provision under evaluation, placing particular emphasis on the inconsistency of the legal system and the effects of stigmatizing the perpetrator and obstacles to his rehabilitation. The postulate that the political and criminal goals related to the protection of children’s rights should be achieved by other means, while observing the principle of proportionality and individualisation of the consequences of a conviction.

Keywords

• exclusion of the obliteration of the sentence
• the best interest of the child
• stigmatization of the perpetrator
• legal consistency
• rehabilitation