Recent amendments to the Criminal Code from the perspective of the constitutional principle of proportionality

Abstract

The main goal of the article is to point out reservations for recent changes of Penal Code accordance with Constitutional rule of proportionality, stated in article 31 passage 3 of Polish Constitution. Indicated rule is the most important boundary for legislative activity, especially in terms of criminal law, which intervenes the most into the area of human right and liberties. Authors conclude that recent activity of the legislator tend to depart from comprehensive and rational reform of criminal law towards partial and populist changes.

Keywords: proportionality rule, Constitution, Penal Code’s amendments, penal populism