The Practice of Making an Interpretation
in a Constitutional Context. The Example
of Stalking
When introducing a new type of criminal offence, i.e making the decision to criminalize
something or to modify the present regulations, the lawmaker is obliged
to take into account the constitutional context. In consequence, it means that
the lawmaker must indicate the values, colliding with themselves, related to the
planned regulation. Next, keeping the rule of proportionality in mind, the norm
should be made in such a way that corresponds to and fits to the system of values
expressed in the Constitution of Poland. The aim of this article is to show the practical
aspect of proconstitutional interpretation in Polish criminal law based on
the example of a new type of criminal offence that is on the example of stalking.