Problems of Forensic Sciences 2016 Vol. 108 (CVIII) 632-650
PRACTICAL ASPECTS OF ASSESSMENT OF RISK OF RE-OFFENDING BY “ESPECIALLY DANGEROUS” OFFENDERS IN THE CONTEXT OF THE JUDGMENT OF THE CONSTITUTIONAL TRIBUNAL OF 23 NOVEMBER 2016 (K 6/14)
Maciej BOCHEŃSKI
Bar Association in Kraków
Streszczenie
The aim of the presented paper is to analyse the Judgment of the Polish Constitutional Tribunal (of 23 November 2016) concerning the Act of 22 November 2013 on procedures for dealing with persons with mental disorders who pose a threat to the lives, health or sexual freedom of other people. The analysis is carried out from the perspective of Criminology and Forensic Psychology – including contemporary knowledge about the most effective ways of dealing with sex offenders and dangerous criminals. Although from the viewpoint of constitutional and criminal law doctrine the Judgment of 23 November 2016 (K 6/14) can be defended, it (the Judgment) fails to adequately take into consideration very important practical matters that affect possibilities of achieving the goal which was assumed by the legislature. Serious shortcomings in the practical capabilities of carrying out a risk assessment of reoffending make it very hard to determine which convicted criminals should be subjected to treatment provided for in the Act of 22 November 2013. The article includes a theoretical comparative analysis between the vision of law presented by the Constitutional Tribunal and law in action in Poland and, furthermore, an analysis of the compatibility of methods of risk assessment in Poland with the current state of knowledge on Forensic Psychology. As far as practical implications of the article are concerned, the most crucial conclusion is that it is impossible to interpret the law without taking into account practical capabilities of its execution.
Słowa kluczowe
Sex offenders; Dangerous offenders; Post-penal forms of penal response.