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Conditional suspension of punishment in the Polish Criminal Law

Sławomir Joachimiak

Abstract

Conditional suspension of punishment is a widely used institution of Polish and not only of criminal law, as I repeatedly stressed in my work, including in particular presenting it as an important element of criminal policy. However, it is believed, that over the years the institution has been used too often. In my opinion, one should not perceive the frequent use of the conditional suspension of punishment negatively but the abuse of the institution, adjudication it when there are no factual basis for doing so, because of the nature of the institution and statutory conditions for its use. Due to the apparent preference of freedom penalties, the use of conditional suspension as the most frequently sentenced imprisonment has become indispensable. An attempt to reverse this trend was made on July 1, 2015 with the introduction of an amendment to the criminal law, reducing considerably the possibilities regarding adjuring the conditional suspension of punishment. Exploring this institution I have tried to answer the question on the legal nature of the conditional suspension of punishment. Every researcher dealing with this issue disclosed their idea. The starting point of presenting my concept was to present this institution in other jurisdictions, the Polish criminal law, also in historical perspective, the views of science and jurisprudence. Then I set up the possibility of treating the conditional suspension as a type of punishment and as a probation measure. My conclusions regarding the conditional suspension of punishment as an independent measure of criminal policy were confirmed when considering regarding exemption from the use of the conditional suspension and by taking the issue a conditional suspension for specific branches of the criminal law, that is penal fiscal law, executive criminal law, criminal proceedings, where the conditional suspension serves (served), above all, to achieve the objectives pursued, pushing further the objectives of the conditional suspension resulting from the nature of the institution and statutory conditions for its use. This paper aims to draw attention to the problems associated with the use of conditional suspension of punishment and more widely on the ills of criminal law. The considerations in this work that are yet another voice in the discussion on the shape of a conditional suspension, should allow for the development of not questionable character of this institution, which is still consistent with the current achievements of criminal law science and the criminal justice system, which is of great practical significance.
Record ID
UAM4ab68df0ebc142ec9a3e366e04deb341
Diploma type
Doctor of Philosophy
Author
Sławomir Joachimiak Sławomir Joachimiak,, Undefined Affiliation
Title in Polish
Warunkowe zawieszenie wykonania kary w polskim prawie karnym
Title in English
Conditional suspension of punishment in the Polish Criminal Law
Language
pol (pl) Polish
Certifying Unit
Faculty of Law and Administration (SNs/WPriAd/FoLaA) [Not active]
Discipline
law / (law) / (social studies)
Scientific discipline (2.0)
5.7 law
Status
Finished
Year of creation
2017
Start date
26-01-2018
Defense Date
26-01-2018
Title date
26-01-2018
Supervisor
URL
http://hdl.handle.net/10593/21315 Opening in a new tab
Keywords in English
criminal penalty; probation measures; conditional suspension of punishment; criminal policy
Abstract in English
Conditional suspension of punishment is a widely used institution of Polish and not only of criminal law, as I repeatedly stressed in my work, including in particular presenting it as an important element of criminal policy. However, it is believed, that over the years the institution has been used too often. In my opinion, one should not perceive the frequent use of the conditional suspension of punishment negatively but the abuse of the institution, adjudication it when there are no factual basis for doing so, because of the nature of the institution and statutory conditions for its use. Due to the apparent preference of freedom penalties, the use of conditional suspension as the most frequently sentenced imprisonment has become indispensable. An attempt to reverse this trend was made on July 1, 2015 with the introduction of an amendment to the criminal law, reducing considerably the possibilities regarding adjuring the conditional suspension of punishment. Exploring this institution I have tried to answer the question on the legal nature of the conditional suspension of punishment. Every researcher dealing with this issue disclosed their idea. The starting point of presenting my concept was to present this institution in other jurisdictions, the Polish criminal law, also in historical perspective, the views of science and jurisprudence. Then I set up the possibility of treating the conditional suspension as a type of punishment and as a probation measure. My conclusions regarding the conditional suspension of punishment as an independent measure of criminal policy were confirmed when considering regarding exemption from the use of the conditional suspension and by taking the issue a conditional suspension for specific branches of the criminal law, that is penal fiscal law, executive criminal law, criminal proceedings, where the conditional suspension serves (served), above all, to achieve the objectives pursued, pushing further the objectives of the conditional suspension resulting from the nature of the institution and statutory conditions for its use. This paper aims to draw attention to the problems associated with the use of conditional suspension of punishment and more widely on the ills of criminal law. The considerations in this work that are yet another voice in the discussion on the shape of a conditional suspension, should allow for the development of not questionable character of this institution, which is still consistent with the current achievements of criminal law science and the criminal justice system, which is of great practical significance.
Thesis file
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Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAM4ab68df0ebc142ec9a3e366e04deb341/
URN
urn:amu-prod:UAM4ab68df0ebc142ec9a3e366e04deb341

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