NCJ Number
68459
Journal
PANSTWO I PRAWO Issue: 2 Dated: (1978) Pages: 42-55
Date Published
1978
Length
14 pages
Annotation
TRENDS IN THE APPLICATION OF THE NEW PENAL CODE OF 1969 BY THE COURTS IN POLAND DURING THE PERIOD FROM 1972 TO 1976 ARE ANALYZED. THE IMPORTANCE OF PENALITIES THAT DO NOT INVOLVE DEPRIVATION OF LIBERTY IS NOTED.
Abstract
PENALTIES THAT DID NOT INVOLVE DEPRIVATION OF LIBERTY WERE IMPOSED IN AS MANY AS THREE-FOURTHS OF THE CASES DURING THE PERIOD 1972 TO 1976. CONDITIONAL DISCHARGE AND THE LIMITATION OF LIBERTY, MEASURES INTRODUCED BY THE NEW PENAL CODE, WERE IMPOSED ON EVERY FOURTH CONVICTED PERSON IN 1972 AND ON EVERY THIRD PERSON IN 1976, INDICATING THE GROWING IMPORTANCE OF THESE SENTENCING ALTERNATIVES. HOWEVER, OTHER NEW PENALTIES, E.G., THE APPLICATION OF EDUCATIONAL AND CORRECTIVE MEASURES, LIKEWISE INTRODUCED BY THE NEW CODE, WERE APPLIED INFREQUENTLY. THERE WAS NO REASON TO BELIEVE THESE MEASURES WERE NOT ACCEPTED BY THE COURTS. THE DEATH PENALTY WAS NOT APPLIED ACCORDING TO THE SPIRIT OF THE NEW CODE EITHER; IT WAS MEANT AS AN EXTRAORDINARY PENALTY, WITH THE OPTION OF BEING REPLACED BY 25 YEARS IMPRISONMENT. DEATH PENALTY WAS APPLIED IN 15 CASES IN 1972 AND IN 23 CASES IN 1976. THIS GROWING TREND TO IMPOSE HIGHER PENALTIES SHOWED ALSO IN THE INCREASED LENGTH OF PRISON TERMS, ESPECIALLY 3 TO 5 YEAR SENTENCES AND HIGHER FINES, WHICH ON THE AVERAGE WERE EQUAL TO 2 MONTHS SALARY, WHILE BEFORE 1972 THEY APPROXIMATED 1 MONTH'S SALARY. TABULAR DATA AND FOOTNOTES ARE INCLUDED.