Zgoda skazanego na orzeczenie kary ograniczenia wolności – fikcja czy prawda?

• Authors: Dariusz Mucha

Title variants

EN

Consent of a convict to pass on them a custodial sentence – fiction or reality?

• Languages of publication: PL

Abstracts

EN

In the introductory part, the paper refers briefly to the historical interpretation of the provision of article 35 § 3 of the Polish Penal Code on the basis of further amendments to the Polish Penal Code of 1997 as well as contradictory ideas concerning its interpretation. Further on, the issue concerning the interpretation of the legal norm of article 35 of the Polish Penal Code is described on the basis of its current wording, taking into consideration the legal doubts connected with it that may come about when applying this regulation in practice. The paper also attempts to explain the role of the possible consent of a convict to pass on them a custodial sentence from the perspective of not only the court, but also and mainly the defendant themselves as well as their defence counsel. This issue is discussed taking into account the situation both before and after the custodial sentence has been imposed on a given perpetrator.

Keywords

PL

defendant; convict; custodial sentence; consent of the convict; consent of the defendant; hearing the defendant; substitutive custodial sentence; personal background data; rights and obligations of a person on whom a custodial sentence was imposed; serving a custodial sentence; cumulative obligations and deductions in the case of a custodial sentence

EN

defendant; convict; custodial sentence; consent of the convict; consent of the defendant; hearing the defendant; substitutive custodial sentence; personal background data; rights and obligations of a person on whom a custodial sentence was imposed; serving a custodial sentence; cumulative obligations and deductions in the case of a custodial sentence

• Publisher: Uniwersytet Opolski
• Journal: Opolskie Studia Administracyjno-Prawne
• Year: 2016
• Volume: 14
• Issue: 1
• Pages: 77-89

Dates

published

2016-03-15

Contributors

author

Dariusz Mucha

Identifiers

DOI

10.25167/osap.1579