Published: 2019-12-26

The penal measure of Article 39 item 2b of the Polish Penal Code and the victim’s and the perpetrator’s individual right to self-determination

Dominika Bek Logo ORCID

Abstract

The penal measure of a prohibition on being in certain communities and locations, on contacting certain individuals or on approaching certain individuals or
on leaving a specific place of residence without the court’s consent, evidently restricts the liberty of a person sentenced. The said restriction most of all serves to implement the preventative function of penal law, particularly the protection of the victim against the repeat victimisation. At the same time, however, implementing this measure interferes with the victim’s life. Insofar as the restriction of the perpetrator’s liberty is in this case fully justified, ignoring the opinion of the victim in decision-making process pertaining to implementation of the discussed legal measure does not meet the constitutional criterion of proportionality.

Download files

Citation rules

Bek, D. (2019). The penal measure of Article 39 item 2b of the Polish Penal Code and the victim’s and the perpetrator’s individual right to self-determination. Problemy Prawa Karnego, 29(3), 11–22. https://doi.org/10.31261/PPK.2019.03.01

Cited by / Share

Vol. 29 No. 3 (2019)
Published: 2020-07-19


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

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.