The reform of the Criminal Code eliminates the combined penalty and sentence. This is one from the most important points of the larger Justice and Security Programme, announced in April by the Minister of Justice Zbigniew Ziobro.
The merger of penalties and therefore the sentences for them function in Poland within the framework of ill-conceived humanitarianism, which takes care of the perpetrator, instead of making amends to victims in an adequate manner and protecting the rest of the society from further crimes of criminals released from prison too quickly. The determinant of such judgments is reformed in 2015 Article 85 the Criminal Code ‘Conditions for the determination of a combined penalty’. It sets out the following conditions:
section 1. If the unsub has committed two or more offences and penalties of the same type or others to be combined have been imposed, the court shall rule on the cumulative penalty. section 2.
The basis for the total penalty ruling shall be measured and enforceable, subject to the Article 89 conditional suspension of enforcement of the cumulative penalty, in whole or in part of the combined penalty or penalty for the offences in question Under section 1. section 3.
If, after the start, and before the completion of the execution of the penalty or cumulative penalty, the offender commits a criminal offence for which a penalty of the same type or another to be combined has been established, the penalty in question shall not be combined with the penalty at the time of the act. section 3a.
Where the penalty applied or the judgment in question Under section 3, will subsequently be the basis for a judgment of penalties or cumulative penalties, the prohibition of mergers also applies to that penalty or cumulative penalties. section 4. The total penalty shall not apply to penalties ordered by the judgments in question.
Under Article 114a taking account of convictions given in another EU country.
These records raise so much doubt that the ministry planned to purchase a special determining programme, which penalties can be combined. However, it turns out that computer assistance will not be needed in this respect, as there is to be a fundamental amendment of the law.
There will be a clear and universal principle that each sentenced for at least two Crimes will have to take at least half the sum of penalties for these crimes. For example, if the sum is equal to 18 years, a criminal will spend no less than 9 years. Only then will he be able to apply for early parole.
If the sum of penalties is above 50 years of freedom, in any case you will be able to apply for parole after at least 25 years of imprisonment. The amendments will allow the constitutional principle of equality with the law and fair punishment to be implemented. All convicted will be treated the same way.
An adequate and deserved punishment will be imposed on every perpetrator for every crime he commits. The only issue facing the court will be the punishment for a specific crime. He will not consider whether and why, at the outset, the perpetrator of several crimes should be rewarded with a milder penalty.
Thanks to the reform introduced, there will be a clear separation between the penalty and the penalty. The court of inquiry will determine whether the defendant has committed the alleged acts and, if so, will punish him for those acts. The implementation of these penalties will be a separate issue.
The proposed model is, therefore, that the convicted person carries out penalties for crimes committed, and only in his/her dependence on his/her behaviour in prison and on the progress of rehabilitation, which are subject to constant review, the court decides whether the convicted person may leave the penal institution (conditionally, for a period of trial).