Opinia prawna na temat projektu ustawy o przeciwdziałaniu zagrożeniom przestępczością na tle seksualnym i o zmianie niektórych innych ustaw
Legal opinion on the bill preventing sexually motivated crime and amending certain other acts (Sejm Paper No. 2859) (BAS-WAL-2871/14)
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The proposed bill requires further legislative work. The author of the opinion critically assesses the idea of a special register of sex offenders, claiming that the manner of its implementation, the scope thereof, the conditions of use and stigmatization of people entered therein, due to the impossibility of expungement of record for certain offenses, may raise doubts as to the nature and the proportionality of this protective measure. In addition, doubts are raised as to the possibility of applying the registry against the perpetrators finally sentenced before its entry into force and the imposition of this measure irrespective of the degree of fault and social harmfulness of the act, as well as neglecting the need to individually influence the perpetrator.
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