In Poland, the death penalty has been abolished since 1997, due to both local and international pressures. Despite the fact that the death penalty no longer exists legally in Poland, there are still a few prominent criminal cases which employ the punishment. Most Poles remain divided over the issue of the death penalty, and it continues to be a contentious topic in the public discourse. Whether or not Poland should reintroduce the death penalty has been a topic of heated debate in recent years and abroad.
Although the death penalty is no longer a legal remedy in Poland, under article 90 of the Criminal Code, it can still be applied to individuals convicted of genocide or war crimes. Under current law, the sentence of death can be commuted to life in prison if the offender is pardoned by the President or if the sentence has been passed by foreign judiciary. In such cases the death penalty is reduced to life imprisonment without parole.
Critics of the death penalty contend that it is an inhumane form of punishment and goes against the common principle of human dignity. They argue that the death penalty is a cruel and expensive way of punishing offenders compared to life in prison. The possibility of executing innocent people who may have been wrongly convicted is another major concern of many citizens in Poland. Supporters of the death penalty, however, claim that the death penalty is a just form of justice as it acts as a deterrent to crime.
When the death penalty was abolished in Poland in 1997, its removal was widely welcomed by human rights activists and politicians alike. Since its abolition, research has demonstrated that there has been no significant change in the crime rate in the country, further solidifying the argument that the death penalty is not an effective deterrence for serious crimes. Advocates of the death penalty have argued that the lack of an effective alternative has weakened the criminal justice system and encouraged recidivism.
The European Union is strongly opposed to the death penalty, and most member countries have abolished it. However, some countries, like South Korea, India, the United States and Japan, among a few others, still allow the death penalty as a legal sentence for serious crimes. In Europe, the only countries which allow it are Belarus and Russia. Poland, on the other hand, has joined a number of other countries in abolishing the death penalty.
Notwithstanding the fact that the death penalty is no longer used as a legal remedy in Poland, opinions remain divided on the matter. A Public Opinion Research Center survey conducted in 2019 showed that 58% of respondents opposed the reintroduction of the death penalty, while 15% expressed support for it. The survey also showed that the majority of those who are in support of the death penalty were individuals between the ages of 45 to 54, while those between the ages of 18 to 24 were amongst the most opposed to the death penalty.
Effects of the Death Penalty on Deterrence and Public Confidence
The purpose of the death penalty is to serve as a form of justice and to protect society by providing an effective deterrent to crime. However, statistical analysis shows that the death penalty has had no effect on preventing violent crime, or other serious offenses. Some of the more serious criminal offences, such as murder, have increased in frequency in countries which have the death penalty. Conversely, in countries where the death penalty has been abolished, the crime rate has not risen.
In addition to the ineffectiveness of the death penalty as a deterrence for serious crimes, it has also been argued that its reintroduction would damage public confidence in the criminal justice system. It has been argued that the death penalty is an irreversible form of punishment which has a higher probability of error as it is difficult to ascertain whether or not a defendant is actually guilty of a crime. As such, its reintroduction would be a blow against the concept of justice and would undermine public faith in the criminal justice system.
Academics and legal experts have argued that the death penalty is not an effective way of deterring crime as criminals often do not think of its consequences before committing a crime. In addition to this, it has been argued that the death penalty undermines the fundamental idea of rehabilitation which is at the heart of a modern criminal justice system. Furthermore, there have been a number of cases where innocent people have been wrongfully convicted and sentenced to death.
International Opinion and Political Attitudes
The European Union is firmly against the death penalty, and its members are expected to comply with EU standards. The EU has put in measures to pressure countries to abolish the death penalty. Additionally, the EU confidently supports the United Nations in their efforts in abolishing the death penalty and promoting human rights. Poland does not stand alone in its position of abolishing the death penalty; certain states in the US, Germany, France and the United Kingdom, amongst a few others, have abolished the death penalty.
The issue of the death penalty remains a contentious one and opinions remain divided. While some people strongly oppose the death penalty, others support it and believe that is should be reintroduced, at least in certain cases. This opinion appears to be reflected in mainstream politics as the government has not shied away from the subject and has made it clear that they do not intend to reintroduce the death penalty.
In January 2019, Prime Minister Mateusz Morawiecki said in a speech that “we do not need stupid populism, we don’t need to appeal to the feelings of revenge” in regard to the death penalty. This position was echoed by the Minister of Justice in June 2019 who stated that the “death penalty is irreconcilable with the values of the Republic of Poland.” Similarly, the President of Poland, Andrzej Duda, has supporters of the death penalty in the country.
The Role of the European Court of Human Rights
The European Court of Human Rights has been vital in abolishing the death penalty in Poland, as the Court deemed the continued use of the death penalty to be illegal, in violation of the European Convention on Human Rights. In 2003, the Court ruled that Polish law should “protect everyone from arbitrary and excessive sentences, including the death penalty” in accordance with the Convention. Consequently, Poland was required to bring its laws in line with the requirements of the Convention.
The Court also ruled that the death penalty can not be “applied arbitrarily” and that any use of the death penalty should be “limited to cases which involve the most serious crimes, regardless of the age, race or gender of the offender.” The ruling of the Court was widely accepted by the Polish authorities and the death penalty was officially abolished in the country in 1997.
Effect Brexit Could Have on Poland’s death penalty stance
Brexit could potentially have a major impact on Poland’s stance on the death penalty. With the UK leaving the European Union, Poland could become more open to the possibility of reintroducing the death penalty. Currently, Poland has a close relationship with the UK and supports similar values. In the event of the UK leaving the EU, Poland could potentially become more open to the views expressed by the British government.
The UK has maintained a largely ambivalent stance on the death penalty over the years. Despite claiming to oppose it in principle, the UK has blocked resolutions to condemn its use in other countries. In fact, the UK has expressed support for the death penalty in certain cases, which could have an undesirable effect on Poland’s stance.
Furthermore, Poland could become more open to discussions concerning the reintroduction of the death penalty if the UK supports it. This could encourage Poland to open dialogue on the issue and potentially introduce legislation which would allow for the death penalty in certain cases. Such a move, however, could result in tension within the EU as the majority of member states oppose the death penalty.
Public Opinion and Potential Outcomes in Poland
Despite the fact that the death penalty has been abolished in Poland, the issue remains a controversial one and opinions remain divided. A major factor which will influence the discussions surrounding the death penalty in the future is public opinion. Surveys have consistently found that a majority of Poles are opposed to the reintroduction of the death penalty, although its supporters still exists.
Since the death penalty has been abolished in Poland, there have been no major attempts to revive it. The issue has been largely confined to the realm of public discourse and the consensus remains that the death penalty should not be introduced, or reintroduced, in Poland. Any attempts to reintroduce the death penalty would likely be met with resistance from human rights activists and other civil rights advocates.
At present, there is no indication that the Polish government would consider reintroducing the death penalty any time in the near future. However, the issue of the death penalty will likely come up again and discussions will resume in the coming years. Ultimately, the decision is up to the Polish public, who remain largely in opposition to bringing back the death penalty.
