Odpowiedzialność karna w orzecznictwie Europejskiego Trybunału Praw Człowieka i Trybunału Konstytucyjnego

Abstract

The publication explores the term of “criminal liability” (and the concepts relating to punishment) in the European Convention on Human Rights and the Constitution of the Polish Republic. The author analyses over 300 decisions of the European Court of Human Rights and the Constitutional Tribunal, relating to the application of Articles 6 and 7 of the Convention, Articles 2–4 of Protocol no. 7 to the Convention, as well as Article 42 of the Polish Constitution, which attempt to establish a boundary between the act of punishment and the application of another, non-punitive sanction. The analysis is carried out in abstracto and in concreto with reference to several dozen Polish legal institutions, which can be perceived as punishments.