RECIDIVISM IN POLISH CRIMINAL LAW

• NCJ Number: 60855
• Journal: ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 28 Issue: 2 Dated: (1978) Pages: 580-597
• Author(s): A SPOTOWSKI
• Date Published: 1978
• Length: 18 pages
• Corporate Author: Max-Planck-Institute Fur Auslandisches und Internationales Strafrecht
• Publication Format: Article
• Language: German
• Country: West Germany (Former)
• Note: AN ENGLISH SUMMARY TRANSLATION OF THIS DOCUMENT IS AVAILABLE FOR SALE BY NCJRS. SPECIFY NCJ 78598.

Annotation

THE REGULATIONS GOVERNING REPEAT OFFENSES IN POLISH CRIMINAL LAW ARE ANALYZED, AND DIFFERENT TYPES OF RECIDIVISM ARE DISCUSSED.

Abstract

IN SOCIALIST COUNTRIES, RECIDIVISM IS CONSIDERED PARTICULARLY SERIOUS, PUNISHABLE BY ESPECIALLY STRICT VERDICTS. THE SPECIFIC PROVISION AGAINST RECIDIVISM IN THE POLISH PENAL CODE ARE PRESENTED TO INFORM LEGISLATORS OF OTHER COUNTRIES. SINCE THE 14TH CENTURY, POLAND HAS HAD SPECIAL PROVISIONS FOR REPEAT OFFENDERS, BUT THE LEGISLATION OF THE POLISH PEOPLES REPUBLIC (CODE OF 1969) IS ESPECIALLY STRICT. THE CODE DISTINGUISHES BETWEEN 'GENERAL' AND 'SPECIAL' RECIDIVISM. 'GENERAL' RECIDIVISM OCCURS WHEN A PREVIOUSLY CONVICTED OFFENDER COMMITS A SECOND OFFENSE WHICH IS UNRELATED TO THE FIRST CRIME; PROVISIONS REQUIRE THE COURT TO IMPOSE A STRICTER PUNISHMENT (AMOUNT UNSPECIFIED) WHICH MAY ONLY BE WAIVED IN EXCEPTIONAL CASES. 'SPECIAL' RECIDIVISM INCLUDES TWO CATEGORIES OF OFFENSES: SIMPLE SPECIAL RECIDIVISM AND MULTIPLE SPECIAL RECIDIVISM. SIMPLE SPECIAL RECIDIVISM OCCURS WHEN AN OFFENDER COMMITS A SECOND OFFENSE OF THE SAME TYPE AS THE FIRST WITHIN A SPECIFIED PERIOD OF TIME. WITH MULTIPLE SPECIAL RECIDIVISM, OFFENDERS POSSESSING TWO PREVIOUS CONVICTIONS COMMIT A THIRD RELATED OFFENSE, WHICH MUST BE IN THE AREA OF PROPERTY OFFENSES OR HOOLIGANISM. FOR BOTH TYPES OF SPECIAL RECIDIVISM, THE LAW SUBSTANTIALLY INCREASES MINIMUM AND MAXIMUM PENALTIES. IN ADDITION, REPEAT OFFENDERS MAY BE ASSIGNED TO PROBATION OFFICER OR A CENTER OF SOCIAL READJUSTMENT AFTER THEIR RELEASE. IN ORDER TO AVOID UNDUE HARSHNESS, THE LAW PERMITS THE COURTS IN EXCEPTIONAL CASES TO DISREGARD RECIDIVISM REGULATIONS. A POLISH STUDY INDICATED THAT APPROXIMATELY ONE-THIRD OF THE OFFENDERS CONVICTED IN 1973 WERE REPEAT OFFENDERS. OF THOSE, ONLY ABOUT ONE-FOURTH WERE JUDGED AS SPECIAL RECIDIVISTS. THE ARTICLE CONTAINS FOOTNOTES AND STATISTICAL CHARTS. --IN GERMAN. (SAJ)