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EN
The beginning of the 21st century has been marked by technicisation of sentencing, development of biometry, managerialism in sentencing and privatisation of sentence en­forcement. As if on the margins of the main process there are attempts to find alternatives to the old paradigm, especially in the form of remedial justice. The present paper is an an­alysis of the axiological assumption, international experiences as well as selected foreign and Polish solutions concerning remedies based on local community work. Experiences with applying this form of sentencing demonstrate its advantages: staying in touch with one’s milieu, self-discipline, flexible sentencing and costs of organisation. If the remedy is to be perceived as a form of punishment, it is important for the work performed by the sentenced offenders to be genuinely beneficial to society.
EN
The paper considers the past, the present and the future of probation in Poland, within the context of its origins and tradition. The paper concludes with a discussion of the successes and failures in practice, and the feasibility of probation in the current criminal policy context, and considers the theoretical implications for the process and outcomes of connecting probation with restorative justice for adults within criminal justice.
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.
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