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PENAL MEASURE OF DISFRANCHISEMENT (Srodek karny pozbawienia praw publicznych)

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Stefanski R. A.

Ius Novum

2009

issue 3

7-67

Disfranchisement is a penal measure meted out together with a punishment (Article 39 point 1 of the penal code) and instead of a punishment if a sentence is pronounced without a trial (Article 343 §2 point 3 of the penal procedure code), taking on a character of a self-contained penal measure. A ruling of disfranchisement depends on a kind of crime as well as type and scale of punishment. A ruling of this penal measure - in accordance with Article 40 §2 of the penal code - can take place in case of a crime committed as a result of motivation deserving special condemnation and imprisonment not shorter than three years. Motivation deserving special condemnation does not have to be a feature of a criminal offence, but it has to refer to a crime being a ground for a conviction. This motivation deserves condemnation in a special way. Disfranchisement deprives a convict of the right to perform public functions and results in a loss of decorations and titles of a public character; it refers to the public sphere of the perpetrator's activities. But it does not deprive persons of their human rights. It is related to: a) political rights, including active and passive election rights to public administration organs, professional or business self-government units and the right to take part in the administration of justice; b) civil rights, including the right to perform functions in organs and institutions of state administration and territorial or professional self-government; c) honorable rights, including the possession of orders, decorations and honorable titles; d) a military rank.

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1 Ius Novum

1 2009

1 Stefanski R. A.

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PENAL MEASURE OF DISFRANCHISEMENT (Srodek karny pozbawienia praw publicznych)