Life imprisonment in the amendment to the Polish Penal Code of July 7, 2022, against the background of the case law of the European Court of Human Rights

Abstract

In the catalog of forms of criminal response to crime, in Polish legislation, life imprisonment is the most severe punishment for the most serious crimes. A probationary measure in the form of conditional early release may be applied to a person sentenced to this punishment, which means it can be reduced. As of October 1, 2023, the Criminal Code's amended provisions allow the court to impose this punishment with a ban on this measure. The purpose of the study is to answer the question of whether the solution adopted by the Polish legislator does not contradict Article 3 of the European Convention on Human Rights. This goal is achieved primarily through an analysis of the case law of the European Court of Human Rights concerning cases of those sentenced to life imprisonment.