Open AccessZmiana systemu politycznego a funkcje społeczne prawa karnego — wybrane zagadnienia
Author(s) -
Tomasz Kuczur
Publication year - 2020
Publication title -
przegląd sejmowy
Language(s) - English
Resource type - Journals
eISSN - 2657-9057
pISSN - 1230-5502
DOI - 10.31268/ps.2020.65
Subject(s) - constitution , scope (computer science) , law , criminal law , politics , political system , political science , democracy , criminal code , sociology , law and economics , computer science , programming language
The conditions related to the relationship between the political system and the shape of criminal law solutions in the period of a fundamental change of the political system in the model system — in accordance with the concept proposed by the author — are as follows: change of the political system, introduction into the political system of legal acts which validate it in the basic scope, adoption of a provisional constitution, adoption of a basic law (formally changing the state system), adoption of code solutions in the area of substantive criminal law. However, there are certain deviations from this “model”, depending on the direction of system changes. This process is different, for example, in a totalitarian system, and different in a democratic one. Therefore the role of criminal law in this process is different, and the intensity and scope of changes that are made by the provisions of this law are also varied. The answer to the question about the role of criminal law in individual political systems was the main research problem raised by the author.