Open AccessProhibition to approach a certain distance and / or to certain persons, to be in a certain place as a measure of a criminal nature (on the example of the Penal Code of the Republic of Poland)
Author(s) -
Olesia Mykhailivna Cheban
Publication year - 2021
Publication title -
vìsnik asocìacìï krimìnalʹnogo prava ukraïni
Language(s) - English
Resource type - Journals
ISSN - 2311-9640
DOI - 10.21564/2311-9640.2021.16.244441
Subject(s) - supreme court , punishment (psychology) , law , residence , order (exchange) , legitimacy , estate , political science , criminal code , position (finance) , criminal law , criminology , sociology , psychology , business , social psychology , demography , finance , politics
The article analyzes the provisions of the Polish Penal Code in terms of establishing a ban on being in certain environments or places, contact with certain people, approaching certain persons or leaving a special place of residence without the consent of the court, as a kind of criminal measure. Sais about prohibitions to hold a specific position, engage in a certain profession or carry out certain types of economic activity. In the Polish Penal Code, the analyzed prohibitions apply to the perpetrator in the case of an intentional crime combined with violence, and are binding from the entry into force of the court decision in the criminal case.
It is known that in Ukraine there are special measures to combat domestic violence in the form of an urgent injunction against the offender and a restrictive injunction against the offender. In its legal positions, the Supreme Court revealed the essence (legal nature) of the restrictive order as a temporary measure of restraint, which is not a measure of punishment for a person. The Supreme Court also justified the legitimacy of the restraining order in the form of a temporary prohibition on the offender to stay and approach real estate, even if he is its co-owner, because he committed domestic violence against relatives.
Measures in the restrictive order in relation to the offender are taken to decide on the qualification of his actions and the decision on him in criminal proceedings. However, the danger of continuing or re-committing domestic violence, the occurrence of serious consequences for the victim remains after the case in court. Therefore, prohibitions to approach the victim at a certain distance, to be in a place of residence should not lose their force and relevance, and in turn, begin to play a preventive role as a measure of criminal law.
The author proved the importance of expanding the list of «other measures of a criminal nature» by including a ban on approaching a certain distance and / or to certain persons, a ban on being in a certain place in Section XIV of the General Part of the Criminal Code of Ukraine.