New Approach to the Prerequisites of Disfranchisement in the Light of Criminal Code of 1997

Abstract

Summary The main scientific aim of the article is to present and analyse the amendment of 14 October 2021 to the prerequisites of disfranchisement laid down in Article 40 § 2 CC. The initial considerations focus on the essence and significance of the aforementioned penal measure in the system of penal measures determined in Criminal Code. The article presents the legal state before the amendment and the reasons for the amendment presented by the authors of the bill. As concerns the change of law within the scope of prerequisites of disfranchisement, the article tries to confront the mutual relationships of the present prerequisites. The considerations made it possible to formulate a series of critical conclusions concerning the legislative changes introduced and constituted and impulse to put forward a proposal de lege ferenda.