Krytyka Prawa. Niezależne studia nad prawem
On the limits of the ne bis in idem and lex retro non agit principles. Comments against the judgment of the Constitutional Tribunal regarding the so-called „Act on the Beasts”
Uniwersytet Jagielloński w Krakowie
Abstrakt
The so-called „Beasts Act" is a legal regulation, which deals with particularly dangerous perpetrators convicted by valid sentences for many years before its entry into force and concerns the proceedings against them after serving their prison sentences. Its enactment and entry into force was accompanied by a lot of legal controversy, which ultimately led to its appeal to the Constitutional Tribunal. The Constitutional Tribunal held that the inclusion of people regarded as particularly dangerous does not violate constitutional guarantees of individual rights. The Court said that the placement of the Centre is not of a criminal nature, but only administrative and it is not ruling a second time in the same case. The article critically refers to the thesis of the Constitutional Tribunal and its argumentation.
