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  1. 2 Studia Iuridica Lublinensia

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  1. 2 Sidor G.

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  1. 1 2014

  2. 1 2013

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The crime of rape – prosecuted ex officio or upon request?

100%
Sidor G.
Studia Iuridica Lublinensia
|
2013
|
vol. 20
EN
The problem of rape prosecution often has been the subject of analysis in the Polish literature. Changes in the download mode were on their side, both supporters and opponents. Although rape in Polish penal law is prosecuted at the request of the first codification throughout the duration of the next set, there were voices moving in the direction of the mode of enforcementfor the prosecution office. Justification for these changes was different, depending on the period in which it occurred, political, economic reasons, etc. Again, these voices appeared in March16, 2012 when the Civic Platform MPs directed an open letter to the Minister of Justice on the mode of prosecution of the crime of rape. Since that time, there was discussion about the merits of suchchanges. The response to the letter was a project of the Ministry of Justice in the enforcement mode changes announced on April 24, 2012, which was estimated in this study. The result of these eventswas return to the discussion on the issues of rape crime enforcement mode, starting from the analysis of the project, going through successive statements of doctrine and jurisprudence and ending withthe international law, obligating Poland to introduce certain guarantees. Current question remains– the offense of rape – prosecuted at the request or ex officio?
PL
Artykuł nie zawiera abstraktu w języku polskim
2
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Content available

The detention used by the captain of a ship

100%
Sidor G.
Studia Iuridica Lublinensia
|
2014
|
vol. 21
EN
Many works depicting the problems of detaining a person under the provisions of the Criminal Procedure Code can be found in Polish literature, but there appears to be a complete lack of studies relating to the powers of the captain of the ship in this area. The aim of the article is to present the sense of detention in the context of model powers and public functions of a captain of a ship regarding a detention of a person taking into consideration the maritime law, particularly the Maritime Code. It was essential to quote the basic concepts of maritime law, to define the concept and the legal nature of the detention and the conditions for applying the measure by the captain of a ship, as well as his legal status. Due to recent changes in the Maritime Code, it became necessary to provide a brief historical trait of maritime law in Poland, especially in the current Art. 68 and 72 of the Maritime Code. Next, reference is made to issues related to Polish Criminal Jurisdiction, which clearly defines the powers of the captain of the vessel. Turning to the merits of the analysis, it looks at the captain`s powers of detaining a person in relation to the types of detention codified in the Code of Criminal Procedure and other laws.
PL
Artykuł nie zawiera abstraktu w języku polskim
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