THE RESTRAINING ORDER. SELECTED OBSERVATIONS FROM THE AREA OF SUBSTANTIVE, PROCEDURAL, AND ENFORCEMENT LAW

Abstract

The paper discusses the restraining order, an instrument which is currentlypresent in three Polish penal codes, namely, the Penal Code, theCode of Penal Procedure, and the Penal Enforcement Code. Therefore,it should be considered a widely-used instrument of criminal policy. Thegenesis of its introduction into the legal order is rather surprising, as theproposal to implement this type of measure appeared only at a fairly advancedstage of parliamentary works. The main objective of the paper isto show the current shape of the main provisions regulating the restrainingorder in the particular codes and attempt to answer the question whetherthese provisions are sufficient, thus assessing the potential of the order.

Keywords

• restraining order
• penal measure
• protective measure
• probationary measure
• preventive measure
• criminal policy