Preventive exemption of conditional early release – remarks in the context of a proposed amendment to Article 77 of the Polish Criminal Code

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Agnieszka Pilch - Ph.D., Jagiellonian University, Chair of Criminal Law (assistant proffesor); Judge at the District Court for Kraków Śródmieście in Kraków; head of the Didactic Department of the Judicial Application Center of the National School of Judiciary and Public Prosecution

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Keywords

probative measures, conditional early release, the principle of humanitarianism, crimes against sexual freedom and decency

Summary

The article discusses the proposed amendment to Article 77 of the Polish Criminal Code (k.k.) consisting in the introduction of a new paragraph which excludes the possibility of conditional early release in case of murder of a minor under 15 years of age in relation with rape committed by a perpetrator that have a disorder of sexual preferences. Starting from defining the principle of humanitarianism in the context of regulations currently in force, the author moves on to examine the issue of interpretation and the scope of application of Article 77 k.k. In the second part of the paper the author analyses the proposed provision from the point of view of the proportionality principle expressed in the Polish Constitution, referring it to the regulations contained in the Act regarding persons with mental disorders posing a threat to life, health and sexual integrity of others.