Problems of Forensic Sciences 2016 Vol. 105 (CV) 370-393
CRIMINOLOGICAL PROBLEMS OF REGISTERS OF SEXUAL OFFENDERS: REMARKS ON THE SEXUAL OFFENCES ACT OF 13 MAY 2016
Maciej BOCHEŃSKI
Cracow Bar Association, Kraków, Poland
Streszczenie
The article analyses the new Polish law on preventing sexual offences, which introduces a public register of sex offenders, in the context of empirical studies of the effectiveness of such legislation. Before presenting a detailed doctrinal evaluation of the new law from the perspective of its rationality, consistency with the system of law and constitutionality, the article offers a brief sketch of legislation on sexual crime. Although registers of sex offenders exist in many countries there is no empirical evidence that they are effective in reducing recidivism. It is highly doubtful whether such a register will achieve this goal in Poland. This is especially true given that the grounds for introducing the new Act, which is inconsistent with the provisions of other regulations and, more importantly, probably unconstitutional, are weak. It is for this reason that the article concludes by giving the newly-enacted law a rating that is more negative than positive. In its theses and arguments, the article seeks firstly to stimulate academic discussion on the Act and secondly to encourage politicians to begin to devise evidence-based criminal policy rather than being prompted by populism to enact unreasonable and unnecessary laws containing ineffective legal institutions.
Słowa kluczowe
Sex crimes; Registers of sexual offenders; Criminal policy.