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International Summaries: Recidivism in Polish Criminal Law

NCJ Number
78598
Author(s)
A Spotowski
Date Published
1978
Length
4 pages
Annotation
This paper will consider the characteristics and consequences of recidivism as defined in Polish criminal law.
Abstract
Generally, the Polish code defines different kinds of recidivism and calls for appropriate penalties for each. 'General' recidivism refers to new offenses by a person who had been previously convicted for offenses different from the one at issue. The prerequisites and the penalties for general recidivism vary from case to case. Heavier penalties are not imposed if a previous negligent offense is not similar to the new negligent offense. In a case of 'general' recidivism, less than the most severe sentencing option may be imposed only in exceptional cases. 'Special' recidivism involves the repetition of similar offenses and takes into account the amount of time since the offender had been released from jail and the amount of time spent in jail. Imprisonment is always required in cases of special recidivism. Severity increases with multiple recidivism. Postrelease measures include probationary supervision or placement in a center for social adjustment. Statistics indicate recidivism involving major offenses is relatively uncommon. The courts seldom take advantage of the opportunity to give lighter sentences for exceptional cases. 6 footnotes.