Probacja (Sep 2023)
Advantages and disadvantages of long-term penalties – considerations in connection with the removal of the penalty of 25 years of imprisonment from the Penal Code
Abstract
In 2022, another attempt at a comprehensive amendment of the Penal Code was submitted to the Sejm. One of the proposed changes is the elimination of the penalty of 25 years imprisonment and its replacement with a term imprisonment with an extended upper limit from 15 to 30 years. This project is an opportunity to conduct an in-depth analysis of the sentence of 25 years imprisonment, paying particular attention to its advantages and disadvantages. It is also a chance for a comprehensive assessment of long-term imprisonment from the perspective of the function of criminal punishment and the principle of proportionality, which is a new element in Polish literature in this field. The author hypothesizes that neither leaving the penalty of 25 years imprisonment nor extending the term of imprisonment to 30 years is a correct solution from the point of view of the functions and principles of criminal law. Then he tries to prove its validity, using research methods adopted in jurisprudence: formal and dogmatic analysis of legal provisions, as well as a critical review of literature and judgements.The conducted research confirmed the hypothesis. In the author's opinion, long-term imprisonment may be negatively assessed from the perspective of the constitutional principle of proportionality. Instead of announcing postulates that provide for an increase in punitive criminal law by introducing more repressive penalties, it is worth considering taking the opposite actions, aimed at easing penal repression and focusing on effective resocialization. According to the author, the article may be a contribution to a discussion on changes in criminal policy, thus contributing to the development of criminal law and executive criminal law.
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