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  1. 1 Civitas et Lex

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  1. 1 Bajer K.

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  1. 1 2024

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Relacja stopniowalności winy z instytucją nadzwyczajnego złagodzenia kary

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Bajer K.
Civitas et Lex
|
2024
|
vol. 43
|
issue 3
47-61
EN
This article deals with the role of gradability of guilt in the process of imposing extraordinary mitigated punishment. It presents the directives that are relevant from the point of view of the imposition of punishment, which, in turn, it juxtaposes with the functions of criminal law. The article considers the specific nature of the "degree of guilt" as a fuse of the justice function of criminal law and presents the significant impact of this directive on the application of the institution of extraordinary mitigation of punishment. The aim of the article was to obtain an answer to the question what role the gradation of guilt plays in the process of imposing an exceptionally lenient punishment. The author concludes that the role of gradation of guilt is decisive when considering the imposition of an exceptionally lenient punishment. He also recognises that other sentencing directives are not able to exclude the possibility of extraordinary leniency and that a high degree of culpability of the offender excludes this possibility.
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