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  1. 1 Archivum Iuridicum Cracoviense

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  1. 1 2006

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  1. 1 Wojtaszczyk A.

  2. 1 Wrobel W.

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POLISH PENAL LAW AND THE CONSTITUTION FROM THE YEAR 1997

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Wrobel W., Wojtaszczyk A.
Archivum Iuridicum Cracoviense
|
2006
|
vol. 39-40
57-68
EN
The article analyzes a relation between constitutional principles and liberties, especially those expressed in Polish 1997 Constitution, and penal law and penal legislation that have been adopted since 1997. Concepts of 'nullum crimen sine lege' and exclusive statutory form for the acts limiting constitutional rights and liberties are presented with regard to the constitutional standards provided by them and impact they had (and still have) on penal legislation. The rticle deals also with subsequent legislative attempts to fulfil the above-mentioned standards, in particular in 1997 Penal Code, and some of the specific problems that have arisen for the penal legislation ever since the enactment of the 1997 Constitution. For a broader and better understanding of the analyzed issues the article also contains numerous quotations and references to judicial decisions of Constitutional Tribunal and works of legal scholars. .
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