Published: 2024-07-17

Amendment of the general directives of judicial sentencing (Article 53(1) of the Penal Code) as a determinant of a change in the punishment philosophy?

Agnieszka Kania-Chramęga
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.5159

Abstract

The paper aims to determine whether the amendment (editorial and allocative) to the general directives of judicial sentencing (Article 53(1) of the Penal Code) can be a fac-
tor directing towards a pro-repressive modelling of the penal policy. A comparative analysis of the previous and the new (i.e. in force since 1 October 2023) redaction of the general directives of judicial sentencing will serve as a starting point for answering the question whether the courts will be “obliged” to take into account the analyzed regulations “in the spirit” of repressiveness. Giving a negative answer in this respect, the paper will present an
attempt to provide the general directives of judicial sentencing with a correct interpretation that de facto abstracts from the distorted intentions of the originators. Further in the paper, attention will also be paid to whether the new wording of Article 53(1) of the Penal Code will be of significance to increasing the practical usefulness of the discussed determinants in the process of judicial sentencing.

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Kania-Chramęga, A. (2024). Amendment of the general directives of judicial sentencing (Article 53(1) of the Penal Code) as a determinant of a change in the punishment philosophy?. The Opole Studies in Administration and Law, 22(1), 37–53. https://doi.org/10.25167/osap.5159

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