Consequences of introducing the possibility of imposing an irreducible life sentence into the criminal code with regard to extradition and the execution of the european arrest warrant

Abstract

The Act of 7 July 2022 amending the Act – Criminal Code and certain other acts introduced into the Criminal Code the possibility of imposing a sentence of life imprisonment without parole. The legislator provided for two grounds for the optional imposition of an irreducible life imprisonment sentence. The first of them (Article 77 § 3 of the Criminal Code) is based on formal grounds: previous conviction for a specific type of crime (against life and health, freedom, sexual freedom, public security or of a terrorist nature) to life imprisonment or imprisonment for a term of not less than 20 years. The second ground (Article 77 § 4 of the Criminal Code) operates on a substantive condition: that the nature and circumstances of the act and the personal characteristics of the perpetrator indicate that the perpetrator’s remaining at liberty will cause a permanent danger to the life, health, freedom or sexual freedom of others. The thesis of this article is that the provisions of Article 77 § 3 and 4 of the Criminal Code are incompatible with Article 3 of the ECHR, which prohibits torture and inhuman or degrading treatment or punishment and that, as a result of the introduction of this type of punishment in Polish law, we may unfortunately realistically expect the refusal of other states to hand over those prosecuted for crimes punishable by such punishment or sentenced to such punishment.