Published: 2023-01-05

Causing a permanent danger to the life, health, liberty or sexual freedom of others as a condition for the imposition of a life imprisonment without parole (Article 77 § 4 of the Criminal Code)

Tomasz Tyburcy Logo ORCID

Abstract

The Act of 7 July 2022 amending the Act – Criminal Code and certain other acts implemented the possibility of the imposition of irreducible deprivation of liberty for life by the court, with prohibition from conditional release (Article 77 § 3 and 4 of the Criminal Code). The legislator has provided the grounds for non-obligatory imposing this penalty. The first one (Article 77 § 3 of the Criminal Code) is based on formal grounds, such as: a previous valid sentence for a specific type of crime (against life and health, liberty, sexual freedom, public security or a public security of a terrorist character) to the penalty of deprivation of liberty for life or the penalty of deprivation of liberty for no less than 20 years. The second one (Article 77 § 4 of the Criminal Code)
includes perpetrator’s remaining at large will cause a permanent danger to the life, health, freedom or sexual freedom of others. The article presents an interpretation of the prerequisites for the application of Article 77 § 4 of the Criminal Code, indicates which sentencing directives should be prioritised by the court deciding on sentencing with the application of the provision in question, and analyses the possibility of applying Article 77 § 4 of the Criminal Code by a court adjudicating a joint sentence.

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Citation rules

Tyburcy, T. (2023). Causing a permanent danger to the life, health, liberty or sexual freedom of others as a condition for the imposition of a life imprisonment without parole (Article 77 § 4 of the Criminal Code). Problemy Prawa Karnego, 7(1), 1–17. https://doi.org/10.31261/PPK.2023.07.01.03

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Vol. 7 No. 1 (2023)
Published: 2024-03-26


ISSN: 0208-5577
eISSN: 2353-9712
Ikona DOI 10.31261/PPK

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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