Dogmatyczny kształt środków karnych wobec nowelizacji Kodeksu karnego z 1997 r. The Dogmatic Shape of Punitive Measures in View of Amendments to 1997 Criminal Code

Abstract

Based on the concept of the authors of the Criminal Code 1997, punitive measures were created as an instrument of a rational repression for the crime committed. The dogmatic structure of punitive measures not only perfectly fits the axiology of the Criminal Code, but also corresponds to the needs of modern criminal law. The legal status of punitive measures is based on expanded legal grounds for discretionary powers of courts in applying and creating a variety of punitive measures. Numerous amendments to the Penal Code, especially during the years 2015 to 2022, led to a depreciation of the legal status of punitive measures by introducing an obligatory application of punitive measures, extending their duration as well as creating too wide a scope of application or unnecessarily developing new punitive measures. Having regard to the nature and extent of these changes, it can be concluded that they are the results of penal populism and are unconstitutional. Key words: punitive measures, legal status of punitive measures, expanded legal grounds, discretionary powers, obligatory application, repression