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I have reservations about the procedure of amendment of the Penal Code in force in Sejm; Special code procedure was not observed
– said Judge Leszek Mazur during the interview with PAP. According to him, Marshal Sejm made a mistake during the procedure.
As he noted, the Sejm amended the code of conduct in this case and, according to the rules of the House, should apply the codex procedure. According to Mazur, the short time taken to review the draft amendment did not predict the most important consequences of the change.
A draft Criminal Code amendment drafted by the Ministry of Justice and providing for stiffer penalties for certain crimes, including pedophilia, was filed in the Sejm on Tuesday, 14 May. The next day, the first reading of the project and the work of the committee took place. However, on Wednesday, after two days of proceedings, the Sejm passed an amendment. The speed of the House's work on the news was made possible by the decision of the President of the Sejm, who decided to amend the Penal Code in an unchecked manner. The Marshal decided that it was not a codex project. According to the Chancery of the Sejm, the work on this news was in accordance with the rules of the Sejm.
The Sejm By-Law states that in the event of a proposed change to the codes, the first reading can not take place until the thirtieth day following the handing over of the project to the Members. The process of making this amendment is criticized, among others, by the mediator, the opposition and certain legal circles.
During a conversation with the PAP, the president of the national court criticized the work of the Sejm on the amendment of the Penal Code.
I have reservations about the procedure for amending the Penal Code in the Sejm. It is difficult to defend this mode because it clearly involves significant modifications of the Codex. There is no doubt, therefore, that Parliament has contemplated amending the code, in which case the Sejm Rules provide for a special procedure which has not been observed.
– evaluated Mazur.
PAP also asked the person in charge of the national judicial register to make a mistake when processing the story.
It seems to me that the president of the Sejm, who gives the bills to execute. He ensures the use of the rules by the Sejm
– Judge Mazur.
The provisions of the Code were amended and, in light of Sejm regulations, the codex mode was obviously necessary in this case. The fact that it's code regulations stems not only from the content, but also from the name of the project itself. No analysis is needed here.
– he added.
In the opinion of the President of the National Court Register, the limited time devoted to the review of this project did not predict the most important consequences of the changes.
These are other changes made to many regulations. At this rate, it is impossible to predict all the consequences of the new law
– he stressed.
In this context, Mazur was questioned about the assessment of life imprisonment introduced by the amendment without the possibility of early parole.
This is a difficult question to evaluate. On one side, there are crimes that deserve the most severe punishment possible, they trigger a reflex of defense. However, on the other hand, to look more rationally, without emotions, to take the hope of the condemned leads to ruthlessness and despair. If the penalty becomes too severe, it may be ineffective. Excessive severe punishment, instead of protecting, may threaten
– Mazur pointed out.
He added that the change introducing an absolute life sentence "deprives the judge of the possibility to evaluate all the circumstances, it indicates that in this or that case, nothing else interests us. because it can not be abbreviated in this case "- said the President of the Council.
Judge Mazur also referred to harsher penalties for sexual and pedophile offenses. According to him, "the increase of penalties for sexual and pedophile offenses is not a good solution".
What is more important here is the effective enforcement of the law, that is, judges impose heavier sentences under the applicable provisions.
– he has.
In his opinion, the courts rarely punish the maximum amount provided by the code. He added that the Justice Institute, which reports to the Ministry of Justice, was analyzing these issues and that his former director had recently become Deputy Minister of Justice.
According to Mazur, "the perpetrator of this type of crime probably does not think of harsh penalties because it acts under the influence of too powerful stimulants".
On the contrary, harsh penalties, which come close to punishment for murder, create the risk that a person committing a sexual crime will eventually commit murder, for example to eliminate the victim or witnesses.
– said Mazur.
As he added, the extraordinary effectiveness of heavy penalties against tax offenses related to the reduction of the VAT gap led to similarly assessing severe penalties for infringements. sexual and pedophile. "
Such simple reasoning may not work
– he stressed.
as / PAP
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