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Istota kary kryminalnej

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Miłek K.
Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
|
2008
|
vol. 4
|
issue 1 Prawo
251-268
EN
The article is devoted to the issue of criminal penalty. This problem has been the subject of investigation of a antique representatives of various sciences, in particular, Philosophy and Law. During the development of philosophical and legal thinking on the nature of criminal punishment, there are two opposite views that exist today under the name of the absolute theory of punishment and the relative theory of punishment. The concepts of absolute theory proceed from the assumption that punishment is primarily an act of retribution by the state for offenders to be made by the offense. The relative theories recognize that punishment is an instrument that is designed to meet specific goals: improving the criminals, crime prevention, education of the public. In the face of these extreme concepts it seems the most appropriate to combine the elements of both theories of punishment (concepts mixed), with a focus on the issue of retribution for the offender's conduct detrimental to the applicable standards of law. This approach combines the philosophical considerations with practice. The attainment of apenalty, in particular by improving the offender, is difficult to reach, and in many cases even impossible, and the best proof to that is the phenomenon of recidivism.
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