NCJ Number
86137
Date Published
1981
Length
28 pages
Annotation
This discussion of Poland's criminal justice system considers substantive criminal law, criminal procedure, and the execution of penal measures (corrections).
Abstract
Polish law belongs to the socialist family of laws, but historically it is the Romano-Germanic family, with emphasis on the codified law. Formally, judicial decisions are not the source of law. Supreme Court decisions, however, are viewed as universally binding legal rules. Since the state is directly involved in running the economy, criminal law intervenes in this sphere to a greater extent than in capitalist countries. One of the fundamental principles of substantive criminal law is that there can be no crime or punishment without law. A person cannot incur criminal responsibility unless he/she is over 17 years-old. No crime can be committed without a guilty mind (mens rea). Preparation for a crime is not punishable, and when dealing with complicity, the code distinguishes among the perpetrator, coperpetrator, aider, and instigator. Types of defenses include necessary defense, higher necessity, insanity, and insignificant social danger. Penal measures are based in the concept of just punishment. Polish criminal procedure is a mixture of the inquisitorial and adversarial systems, with inquisitorial elements prevailing particularly during the pretrial investigation. Defendants' rights are specified in preparatory proceedings, court proceedings, and appellate proceedings. The stated aim of imprisonment is to rehabilitate the offender, to accustom him/her to socially useful work and thereby prevent relapse into crime.