Penal law consensus-oriented approach suggested as an alternative reaction to the committed crime. Selected problems

Abstract

In this article, special attention was paid to the phenomenon of privatisation of criminal law, which means a new approach to the enforcement of liability for the committed crime. This paper refers to the selected problems in the field of penal law consensus-oriented approach, emphasizing its most characteristic elements. The undertaken analysis separately approaches the value of the very agreement between the parties to the conflict that is based on criminal ground, as well as the importance of obligation to remedy the damage and compensate the harm suffered, and the rank of potential benefits that the perpetrator may achieve in a result of the gesture of reconciliation. In addition, in view of the almost traditionally expressed concerns and doubts with regard to alternative methods of seeking justice, a separate attention was paid to the ratio legis – shortly applicable – regulation of consensual discontinuation of proceedings (art. 59a of the Penal Code), which is de facto perfect example of the instability of the solutions, important from the perspective of the institution of penal law liability.