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This paper discusses the legal issues of penal reaction towards sex offenders diagnosed with paraphilia. Conviction of sex offenders may include long imprisonment terms as well as compulsory treatment within a forensic facility – according to art. 95a of the Criminal Code. There is doubt as to whether such severe sanctions under criminal law, which may cause serious adverse health consequences for the offender (a side effect of hormonal medication) is consistent with the basic principles of law. In this case, the most important issue is the compatibility of this approach with the principle of proportionality in sentencing coercive measures – art. 93 of the Criminal Code and the prohibition in light of art. 40 of the Polish Constitution on the use of corporal punishment. The authors also assess the public point of view, influenced by the mass media, regarding sex offenses.
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