Double-Track System in Polish Criminal Law. Political and Criminal Assumptions, History, Contemporary References

• Authors: Wojciech Zalewski
• Languages of publication: EN

Abstracts

PL

The authors of the penal code of 1932 modelled their reaction measures on the best contemporary standards. The system of criminal response was based on a double-track model, in German called zwei Spuren, in Italian – doppio binario, in which, along with penalties, there were also preventive measures. This system grew out of certain political and criminal assumptions of the sociological school, expressed most fully in the works of Franz von Liszt. Return in contemporary law, to the wide use of preventive measures, post and pre-penal, forces us to return to the sources and to critically examine the assumptions of the indicated approach, including the idea of an incorrigible criminal who should be isolated, not in relation to what he did, but because of who he is. Tracing the history of regulations, in particular their practical application should be a lesson for modern lawmakers.

Keywords

PL

prison; double-track system; detention; therapy; resocialization

• Publisher: Polska Akademia Nauk. Instytut Historii im. Tadeusza Manteuffla PAN w Warszawie
• Journal: Acta Poloniae Historica
• Year: 2018
• Volume: 118

Dates

published

2018

online

2019-02-01

Contributors

author

Wojciech Zalewski

Identifiers

DOI

10.12775/APH.2018.118.02