O polityce karnej z perspektywy retrospektywnej

Abstract

The article represents an attempt to look at the current state of Polish penal policy from the perspective of the last several decades. The author describes changes in the Penal Code since the 1970s that resulted in impunity connected with numerous conditional dismissals of proceedings under Article 26 of the Penal Code and at the same time increased repression characterised by the application of severe accumulated penalties and abuse of the institution of pre-trial detention and overcrowding of penitentiaries. Emil Plywaczewski then focusses on the attempts to reform and design the penal system in the 1980s. The author stresses the importance of the introduction of martial law in Poland and the Act on Special Criminal Responsibility of 10 May 1985, which tightened the previous penal legislation. The article also discusses other groundbreaking political events in Poland that led to obstruction of attempts to maintain the existing penal policy, such as the elections for the Sejm and Senate in 1989, the new codification of the Penal Code in 1997, and the Resolution on amendments to the Penal Code of 10 February 2003. In conclusion, the author emphasises that the effects of the previous penal system advocating a particular approach will be visible in Polish penal policy for a long time to come. According to him, the necessary changes require, first of all, a change in the mentality of the entities applying and creating the law and a change in the philosophy of penal policy.