NCJ Number
49488
Journal
Revue penitentiaire et de droit penal Issue: 2 Dated: (APRIL/JUNE 1977) Pages: 227-235
Date Published
1977
Length
9 pages
Annotation
THE HISTORY OF THE POLISH APPROACH TO CAPITAL PUNISHMENT IS DISCUSSED, ALONG WITH THE SCOPE OF A NEW DEATH PENALTY PROVISION ENACTED AS OF JANUARY 1, 1970.
Abstract
POLISH LEGISLATORS BELIEVE THAT THE CONDITIONS NECESSARY FOR THE ABOLISHMENT OF THE DEATH PENALTY HAVE NOT YET BEEN MET AND HAVE IN FACT EXPANDED THE FIVE CRIMES PUNISHABLE BY DEATH UNDER THE 1932 PENAL CODE TO 64 WITH THE ADOPTION OF A NEW CODE IN 1970. HOWEVER, DESPITE THIS EXPANSION, REFORMS WERE ALSO INSTITUTED TO EFFECTIVELY LIMIT THE USE OF THE DEATH SENTENCE; ALTHOUGH MORE CRIMES ARE NOW PUNISHABLE BY DEATH, THE INDIVIDUAL APPLICATION OF THE DEATH PENALTY IS HIGHLY STRUCTURED TO DISALLOW INDISCRIMINATE USE. THE FOLLOWING CRIMES ARE PUNISHABLE BY EXECUTION: TREASON AGAINST THE STATE, COUP D'ETAT, MILITARY OFFENSES AND GENOCIDE, CRIMINAL ACTIVITY RESULTING IN DAMAGE TO THE NATIONAL ECONOMY, AND AGGRAVATED ROBBERY. THESE ARE BROAD CATEGORIES WITHIN WHICH SPECIFIC ACTS DESERVING OF DEATH ARE DETAILED (E.G., SABOTAGE, ATTEMPTED MURDER OF A GOVERNMENT OFFICIAL, ARMED ROBBERY, EMBEZZLEMENT). CIVILIANS ARE EXECUTED BY HANGING, WHILE MILITARY PERSONNEL ARE SHOT. UNDER THE CODE, EXECUTIONS MUST BE CARRIED OUT IMMEDIATELY AFTER THE DECISION OF THE COUNCIL OF STATE REJECTING A REQUEST FOR PARDON. HOWEVER, EXECUTIONS OF MENTALLY ILL OFFENDERS MAY BE DEFERRED UNTIL THEY RECOVER. --IN FRENCH. (KBL)