Main Directions of Amending the Penal Code

Two directions of amending the Polish penal code are considered by the authoress to be the leading ones. The first one is characterized by the strife to diminish the represiveness of the Polish penal law. The second one comprises the proposals aiming at the increase of the law abidingness. When discussing the first trend, the authoress considers the multiple changes of the penal code regulations concerning a capital punishment, deprivation of liberty pecuniary penalty and the directives of determining a penalty. The elimination of capital punishment, or its limitation to cases of manslaughter and high treason is suggested. The lower limit of deprivation of liberty is decreased (to equal one month) as well as other sanctions related to individual crimes. Deprivation of liberty up to three years is to alternate, as a rule, with a penalty of restricted liberty and a pecuniary penalty (fine). The adoption of the socalled "Scandinavian system" in meting out fines in days is advised. Varying regulations are called for in questions of criminal responsiblity of juveniles and young adult offenders. The regulation of recidivism has to be essentially changed. The conditional discontinuance of criminal proceedings is to be decided only in courts. The decrease in represiveness of penal law can also be effected by the new regulation of the conditional suspension of the enforcement of punishment and of the release on licence. The authoress advocates that the second trend of the proposed changes comprising postulates aiming at the increase of the law abidingness is out of proportion to the proposed amendments diminishing the represiveness of penal law. The scope of protection of criticism is not extended there and the grounds for the criminal responsibility of persons guilty of abuse of authority are not secured. The range of changes concerning protection against corruption and speculation is not satisfactory either. No coordination with the provisions of the Code of Offences and the Speculation Control Act can be observed. It seems also necessary to verify the obsolete part of the detailed provisions of the Penal Code. On the other hand, the extention of the smart money institution (paid by the perpetrator to the injured person) is to be classed among the changes of a right direction.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201