NCJ Number
80653
Date Published
1980
Length
13 pages
Annotation
This paper reviews the penal code in Poland from 1932 to the present, focusing on changes that have been made in the actual law and in its interpretation.
Abstract
The penal code of 1932 was based on two tendencies: to have perpetrators liable only for the consequences of the deed of which they were aware and to disassociate the perpetrators' criminal responsibility from that of other perpetrators or accomplices. It also contained special prevention measures for the mentally sick, dangerous offenders, and habitual offenders. In the late 1940's, several important changes in substantive criminal law were introduced relating to criminal collaboration with German invaders, offenses against State authorities, and offenses against social property. For about 100 offenses, capital punishment was allowed. In the late 1950's, changes were again introduced, which resulted in less preoccupation with tracing offenses against the State and directing more attention to common criminal and economic offenses. The 1960's saw another alteration to criminal policy: perpetrators of serious crimes were to be severely punished, while those who committed trivial offenses were to be treated with leniency. Fines were imposed either instead of prison sentences or in conjunction with them. The 1970 penal code introduced new penal measures formerly nonexistent in Poland: conditional discontinuance of criminal proceedings, corrective or educational treatment measures for juveniles, and the penalty of limitation of liberty (similar to community service orders). Two tables are included.