CHANGES IN THE INSTITUTION OF CONDITIONAL RELEASE CONTAINED IN THE ACT OF 7 JULY 2022 AMENDING THE PENAL CODE

Abstract

The article concerns the latest changes in the institution of conditional release, contained in the Act of 7 July 2022 amending the Act the Penal Code and some other acts. Although these provisions have not been in force yet, their enactment may significantly affect the current shape and tighten the rules of criminal liability. It is worth mentioning that this is another attempt to amend the Penal Code in this respect. The article interprets provisions directly modifying the current form and scope of application of the indicated probation measure, as well as their consequences for the entire criminal law system. The context and ratio legis of the amendment, which includes the discussed changes, related to the tightening of the principles of criminal liability and the increase in the preventive function of criminal law, were taken into account. The article also refers to some controversial solutions concerning, i.a. exclusion of the possibility of applying conditional release in relation to certain categories of perpetrators. At the same time, an attempt was made to assess the constitutionality of some of the planned changes and their significance from the point of view of human rights protection.