Monitor Prawniczy

no. 10/2017

Protecting the minors and penal populism. Some remarks on the presidential draft of amendments to the Penal Code and its final wording

Konrad Lipiński
Autor jest doktorantem w Katedrze Prawa Karnego Materialnego WPAiE Uniwersytetu Wrocławskiego, aplikantem adwokackim izby wrocławskiej.
Abstract

The article analyzes the solutions contained in the President’s draft of amendments to the Penal Code as regards their purpose, usefulness and consistency with other regulations of the Code. Justification of the project leads to a conclusion that the need to amend the Penal Code is not supported by substantive arguments. The arguments used might be perceived as characteristic of penal populism. Some of the proposed changes stand in conflict with the regulations contained in the general part of the Code. The amendment should, therefore, be assessed positively from the moral (axiological) perspective.