THE FORMATION OF THE IDEA OF CONDITIONAL RELEASE – SELECTED EXAMPLES

Abstract

The aim of this article is to present the issue of parole (conditional early discharge from prison) and its functioning in the area of criminal code, with particular emphasis on the impact of the law. Document is elaborated in a chronological and synthetic manner. It is an extremely interesting subject by the same time it is a quite demanding from the author. Due to vast and rich literature in the matter author focuses on key aspects. Other related, yet interesting themes have been indicated only in a marginal way. Along with the formation of societies into an organized state apparatus constituted at the legislative level then the issue of imposing a penalty, appears for a committed prohibited act. Since the beginning of human history, the penalty of imprisonment has evolved from a factor of repression or retaliation to humane treatment of people during isolation when in jail. Previous experience shows that the very idea of imprisonment was not sufficient to achieve the goals pursued by the legislator, i.e., to restore to society a man. In particular transformation of a criminal into a free human living in accordance with the law. Therefore, along with the dynamic progress of societies, the need for far-reaching reforms was noticed on the basis of capability. Humanizing the approach to the penalty of deprivation of liberty found itself in the orbit of interest of representatives of many scientific disciplines including law, philosophy, sociology, and psychology. Hence, after many years of experience in the area of criminal law, the issue of parole appears to be one of the basic pillars of a democratic state driven by state of law. The issue of conditional release (parole) exists in the doctrine of Polish law as well. At last, the efforts of many generations of outstanding researchers have resulted in the emergence of conditional release in the substance law as an important element in the process of human rehabilitation. It is important that this process continues.