A few remarks on the penalty of absolute imprisonment against the background of the principle of human dignity

Abstract

The currently applicable Penal Code provides for the possibility of imposing a life sentence on the perpetrator for an act committed by him after a final conviction for a crime against life and health, freedom, sexual freedom, public security or for an offense of a terrorist nature. Also with respect to the perpetrator whose nature and circumstances of the act as well as his personal characteristics indicate that remaining at large will pose a permanent threat to the life, health, liberty or sexual freedom of other persons. The above solution was assessed through the prism of the fundamental principle under the Constitution of the Republic of Poland – human dignity. Excluding the possibility of conditional early release deprives the convict of any hope of improving his fate, which should be treated as lifelong mental torture. Since dignity is the source of all human and citizen rights and freedoms and is inviolable, the legal solution adopted in this regard should be assessed negatively. The only extraordinary possibility provided for by law, i.e. the right of pardon provided for in the Constitution of the Republic of Poland, is a presidential prerogative, which does not have to be based on social rehabilitation progress during serving the sentence, which contradicts the essence of serving the sentence.