The Penalty Measure of Art. 41 § 1a Polish Criminal Code. Remarks Based on the Ground of the Highest Court Verdict (1st October 2014, II KK 129/14)

Abstract

The article deals with the penalty measure of art. 41 § 1a of Polish Criminal Code. Remarks are based on the ground of the Highest Court verdict (1^st October 2014, II KK 129/14). The measure from an art. 41 § 1a of Polish Criminal Code can be meted out only of a perpetrator violates sexual freedom of a victim. There are many doubts about this measure. The regulation had been added to the original text of Polish Criminal Code and it does not suit the whole system of penalty measures well. Controversial are its: duration (in general), optional or obligatory character, possibility to mete it out with conditional suspension of execution of imprisonment or penalty of imprisonment other than 1 month to 15 years, formal or material basis of the measure.