Czas trwania kary pozbawienia wolności w świetle kodeksów karnych Polski i Rosji

Abstract

The main purpose of this paper was to present the duration of imprisonment in the context of the period indicated in the Criminal Code (as the amount of statutory minimum), the time of the sentence (as its length determined in the appeal court), as well as the actual period of its execution. Considerations in this regard was carried out first based on the regulations Polish and Russian Criminal Code. The paper presents the diversity of solutions adopted in these legislation, both the statutory and judicial penalties. It was found that the Russian legislature foresaw a long period of sentence restriction of liberty, that this solution is a manifestation of historically implemented strict criminal policy. In addition, it was found that both legislature agreed on the scope and conditions tightening and mitigation of punishment. The foregoing that the scope of the solutions adopted, without reference to the practical aspects their use in both countries, does not allow to say that the degree of repression of criminal law concerning the time residence of the offender in isolation is higher in Russia than in Poland. The paper highlighted the importance of location and condition of imprisonment, indicating problems in this area occurring in Russia.