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About basic terms regarding judicial sentences. Remarks in the context of the Polish Penal Code

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Kania A.

Nowa kodyfikacja prawa karnego

2015

vol. 38

27-36

This article discusses chosen terms regarding issues of judicial sentencing. This analysis pays attention not only to the term “sentencing”, but also the role of factors which directly affect its results, i.e. importance of the principles, guidelines and circumstances affecting the process of judicial decisions on applying a certain penal reaction. The conclusion indicates the importance of non-legal factors which play a part in the process of judicial sentencing.

General directives of judicial sentencing. Remarks in the context of the Polish Criminal Code

100%

Kania A.

Nowa kodyfikacja prawa karnego

2018

vol. 47

11-23

The present paper was devoted to the issue of general directives of judicial sentencing. Assuming that such a status is held by the indications enumerated under Article 53 § 1 of the Polish Criminal Code (i.e., the degree of culpability, the degree of social harm of a criminally prohibited act, individual prevention and general prevention), in the present paper attention was devoted not only to the essence of the mentioned indications of judicial sentencing, but also to their actual role in that process. The performed analyses allowed for formulating a conclusion that extra-legal factors, following from knowledge and experience of the adjudicating body, do not remain without importance.

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2 Nowa kodyfikacja prawa karnego

2 Kania A.

1 2018

1 2015

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About basic terms regarding judicial sentences. Remarks in the context of the Polish Penal Code

General directives of judicial sentencing. Remarks in the context of the Polish Criminal Code