The main objective of the article was to determine the status of an entrepreneur in French commercial law. The starting point for the preliminary study was an analysis of the very notion of “entrepreneur” in order to later indicate the most characteristic categories of entrepreneurs (also newly established entities, such as microentrepreneurs) and their typical features. Separate comments focused on the characteristics of the catalogue of obligations of the subject category of entities, functioning within commercial law, especially with reference to the two most important: entry to the register of entrepreneurs and companies and carrying out accounting activity.
The aim of the article is to present some types of aggravated homicide in Italian criminal law. The author focuses on the basic categories of premises affecting the possibility of tightening criminal liability for homicide in the Italian Criminal Code. The description of aggravated murder types presented in this paper has been confined to the following offences which are penalized according to Articles 576 and 577 of the Criminal Code: killing of relatives, killing because of trivial or cruel motives or premeditated murder and murder by poisoning. In addition, the author analyses the issue of sentencing modification in the given category of crimes.
The main purpose of this article was to compare the method of typing the crime of rape in a modified (qualified) variation in Polish and French legislation. The first part of the study characterizes the qualifying hallmarks contained in Article 197 of the Polish Penal Code, identifying among them rape with particular cruelty, collective rape (jointly with another perpetrator), as well as against a minor under 15 years of age, or against a relative (against an ascendant, descendant, brother, sister, adoptee, adoptive parent). The second part specifies which of the signs of rape — according to the French legislature — take on the qualifying character. Article 222–24 C.P. indicates among them a qualified rape due to the effect of injury or disability, a rape of a victim belonging to a particular category, e.g. a minor under 15 years of age, in addition an off ence against a person in a specific psychophysical condition (a pregnant woman, an elderly or infirm person). A crime of rape is also considered as a basis for tightening up the criminal liability under the French law, if it concerns a relative (a descendant) or it is committed in connection with the abuse of power (a superior) or it becomes a collective rape, or it has been committed with the use of weapons or in the state of intoxication, or under the influence of drugs. As a final conclusion, it should be noted that the structure of the crime of rape in the qualified type, as provided in the Polish Penal Code, is much less casuistic compared with the French provision (far fewer signs of eligibility). At the same time, these qualifying hallmarks that the Polish legislature has included in the structure of Article 197 § 3 and 4 of the Penal Code fully correspond to the cases provided for in the analogous provisions of Article 222–24 C.P. It seems, therefore, that the national amendment of the Penal Code, which took place on 5 November 2009, which resulted in two new cases of qualified rape (rape on a minor under 15 years of age and incestuous rape) in Article 197 of the Penal Code, shows some desire to align the Polish regulations to European regulations, which certainly deserves a full approval, especially given the extremely high degree of social harm of the cases of the crime of rape.
The aim of the article is to present the types of aggravated homicide in French criminal law. The author focuses on the basic categories of premises affecting the possibilityof tightening criminal liability for homicide in the French Criminal Code. The factors constituting the basis for classification indicated in the article include the victim’s status (on account of age, background, function preformed), the perpetrator’s motivation (discrimination on ethnic, racial and religious grounds), the number of perpetrators (participation in an organised criminal group) and a particular form of intent (premeditation). In addition, the author analyses the issue of sentencing modification in the given category of crimes.
The aim of this article is to describe aspecific variant of an offence treated less severely than a corresponding standard offence, which is referred to as the “act of lesser gravity.” The author indicates structural elements of the said category of crime and also points out doubts connected with determining the level of culpability which justifies the occurrence of an “act of lesser gravity.” Moreover, the author takes into account the analysis of several concepts concerning the catalogue of circumstances justifying the qualification of an offence as an “act of lesser gravity” and, at the same time, functioning in the criminal law doctrine at the times of particular legally binding penal codes (among others, acomprehensive concept, an objective concept as well as an objective-subjective concept, which is referred to as an extensive one).
The purpose hereof was to verify the thesis about the steady growth of crime among under-aged girls and enhancement of aggression accompanying their behaviour in the case of this category of offenders. In the course of the presented research, the first of the views indicated that the above has not been confirmed. It has been noticed that in the period 2008–2015, the frequency of committing criminal offences and other instances of demoralising behaviour by young girls (usually aged 13 to 16) fell. Moreover, such a decrease was also reported in the category of female offenders suspected of committing offences from the Criminal Code. What is more, it is difficult to definitively prove that in the analysed population of female offenders, a radical evolution of the aggression manifested by teenagers has taken place. The decrease in frequency of the offences committed by them contradicts this belief. At the same time, the frequency of carrying out acts which may be qualified as affray, assault, as well as threats (even with the decrease in their frequency as of 2010) remained relevant for younger under-aged persons (aged under 16) and was at a decidedly lower level among older female offenders (aged from 17 to 20).
The introductory part of the article describes the dogmatic structure of offences treated less severely than the corresponding standard offences. The description was then collated with the analysis of Article 149 of the Penal Code which classifies the crime of infanticide. As aresult, it has been established that the legislator provides for only one basis for treating infanticide as an offence treated less severely. The basis in question, concerning the mother’s emotional disturbance as aconsequence of labour, has not been defined precisely enough. This is due to the fact that there is no empirical research unambiguously confirming the assumption that labour has apathological impact on the psyche of a woman. Thus, the structure of Article 149 of the Penal Code in its current form does not reflect the actual causes of aperpetrator’s criminogenic activity and it is necessary to determine the real basis for treating infanticide as an offence treated less severely than the corresponding standard offence.
The objective of this article was to indicate basic tendencies, currently characteristic for women’s crime in Poland. Based on the presented statistical data it has been found that adefinite growth in criminal offences with elements of aggression is currently being recorded and deviant behaviours are not only the domain of mature women but they also occur among young female perpetrators. Moreover, the claim has been challenged stating that women commit criminal acts only against their close relatives in the family environment as currently the prevailing prohibited acts committed by women in Poland include: fights and beating, offences against property, the crime of extortion (robbery, theft and extortion) as well as severe health injury and murder. It should be highlighted that the only female crime, namely, infanticide, takes amarginal dimension.
This article is dedicated to the determination of the nature and intensity with which the attribute of the “particular cruelty” can manifest itself in the design of the aggravated crimes of homicide and rape. The analysis of the indicated attribute undoubtedly constitutes numerous difficulties in the interpretation of the doctrine of criminal law, which relate, in particular, to the right assessment in terms of the intensity of its occurrence towards the victim. In order for the murder or rape to retain its aggravated nature, the perpetrator’s behaviour must demonstrate not only average, but atypically reprehensible, or even bestial cruelty. In this context, the only method that allows the presentation of an in-depth characteristics of the indicated attribute is taking into account all forms of the perpetrator’s behaviour, the attributes of the aggravated crime of murder or rape in the qualified type that accompany the implementation phase (methods, means, effects, period of inflicting suffering, victim’s status).
The aim of this article is to describe violent acts in the French Penal Code. Owing to structural determinants of the code regulations, it should be emphasized that violent acts can be found in three fundamental configurations. Firstly, they can exist independently as a crime (Art. 222 — 7 of the Penal Code). Secondly, they may constitute one of the features of a crime structure or may be perceived as a self-contained aggravating circumstance. The author of this article has described in particular the cases in which violent acts assume a character of aggravating circumstances. The author has also determined individual categories which enable to select and systematize the circumstances (with regard to the victim, the perpetrator, extraordinary circumstances) and indicated different examples of crimes which assume a character of aggravated crimes because of violent acts occurring in their structure.
The aim of this paper was to describe the phenomenon of woman’s crime in Canada from the perspective of statistical data analysis. For this reason, the statements regarding the frequency of the studied phenomenon in three research periods were presented: 1975–1981, 1984–1994 and 1999–2009. The Canadian woman perpetrators were found to have established categories of crimes (property crimes, violent crimes), the frequency of which has changed during the periods under investigation. In the context of the studies carried out, in particular, the phenomenon of the increase in the frequency of woman’s offences committed using violence, remains a matter of concern. This fact indicates an increase in the pathologization of their behaviours. Moreover, in the last research period (1999–2009) there were also new trends in the criminal activity of women – road traffic offences and offences involving drugs and narcotic drugs, however, their level was not high.
FR
Le but de cette étude était de caractériser le phénomène de la criminalité féminine au Canada du point de vue de l’analyse des données statistiques. A cette fin, des résumés ont été présenté en tenant compte de la fréquence du phénomène étudié en termes de trois périodes de recherche: 1975–1981, 1984–1994 et 1999–2009. Il a été établi que les auteurs canadiens exécutent des catégories établies de crimes (crimes contre les biens, crimes ayant recours à la violence) dont la fréquence a changé au cours des périodes examinées. Dans le cadre de la recherche menée, le phénomène d’une augmentation de la fréquence d’infractions commises par des femmes est particulièrement préoccupant. Ce fait indique l’augmentation de la pathologisation de leurs comportements. En outre, au cours de la dernière des périodes de recherche (1999–2009), on a également observé de nouvelles tendances dans le domaine de l’activité criminogène des femmes : les infractions routières et les infractions liées à la drogue et aux stupéfiants. Toutefois, leur degré n’a pas été élevé.
PL
Celem niniejszego opracowania była charakterystyka zjawiska przestępczości kobiecej w Kanadzie z perspektywy analizy danych statystycznych. W związku z tym przedstawiono zestawienia uwzględniające częstotliwość badanego zjawiska w trzech okresach badawczych: 1975–1981, 1984–1994 oraz 1999–2009. Ustalono, że kanadyjskie sprawczynie realizują utrwalone kategorie przestępstw (przestępstwa przeciwko mieniu, przestępstwa z użyciem przemocy), których częstotliwość ulegała zmianie w badanych okresach. W kontekście przeprowadzonych badań niepokojące jest zwłaszcza zjawisko wzrostu częstotliwości czynów zabronionych kobiet, dokonywanych z użyciem przemocy. Fakt ten świadczy o wzroście patologizacji ich zachowań. Ponadto w ostatnim z okresów badawczych (1999–2009) odnotowano nowe tendencje w zakresie kryminogennej aktywności kobiet – przestępstwa drogowe oraz przestępstwa dokonane z udziałem narkotyków i środków odurzających, jednak ich poziom nie był wysoki.
The aim of the study is to indicate the links between selected sociological theories of crime and the phenomenon of women’s crime. The initial characteristics of the indicated category of theories makes it possible to define further those aspects which, in the context of general assumptions, determine their relations with a particular category of perpetrators: women. In attempt to confront theoretical considerations with the findings of empirical nature, the study indicates selected categories of crimes committed by women in Poland when the Criminal Code of 1997 was in force. Such an approach allows the final determination whether the assumptions of the analysed theoretical concepts have been confirmed by the presented research, or whether their potential remodelling is necessary. The structure of the study has determined the application of two research methods: dogmatic and empirical.
PL
Celem opracowania jest wskazanie powiązań między wybranymi socjologicznymi teoriami przestępczości a zarysowanym na ich tle zjawiskiem przestępczości kobiet. Wstępna charakterystyka wskazanej kategorii teorii umożliwia w rezultacie określenie tych aspektów, które na tle ogólnych założeń wyznaczają ich relacje ze szczególną kategorią sprawców: kobiet. Ze względu na dążenie do skonfrontowania poczynionych rozważań teoretycznych z ustaleniami natury empirycznej, w opracowaniu wskazano wybrane kategorie przestępstw popełnionych przez kobiety w Polsce w okresie obowiązywania kodeksu karnego z 1997 r. Takie ujęcie pozwala na ustalenie, czy założenia analizowanych koncepcji teoretycznych znalazły potwierdzenie w przedstawionych badaniach, a także czy konieczne jest ich ewentualne przemodelowanie. Ponadto zasadniczym założeniem pracy jest także wykazanie, czy jednoczynnikowe teorie przestępczości w konfrontacji ze zjawiskiem przestępczości kobiet są w stanie kompleksowo określić jego istotę, czy też niezbędne jest sięgnięcie do teorii złożonych, by w pełni zrozumieć analizowany problem. Struktura opracowania wpłynęła na zastosowanie dwóch metod badawczych: dogmatycznej oraz empirycznej.
The purpose of this article is to characterize organized crime from the perspective of French law in three aspects. As the first one, was presented the analysis of the definition of the studied phenomenon, noting that its penalization in French law took place just in 2004. Next, criminal behavior connected with the organized crime was identified and systematized in the following categories: illegal trade, financial crimes, cybercrimes. The third area of analysis covers the indication of a catalogue of measures undertaken in order to fight against the subject pathology. In the conclusions it was underlined that taking into account the heterogeneous character of organized crime and the new methods of its spreading, it is impossible to completely eliminate this phenomenon, as well as minimize it, for the above mentioned reasons, may present significant difficulties.
The present article is an attempt to determine the range of protection of the right to human life in the French legislation. Taking into account the indicated problem area, the author draws attention to the fact that this protection relates to each phase of the biological development of man, beginning with the pre-natal stage, through the post-natal period until the end of life. However, in dependence on the degree of man’s development (the embryo, fetus, child, adult) the level of its advancement is different. It needs remembering that the French law protects human life on both the civil and penal planes. Still, depending on the type of norm, the range and character of protection provided to man are different, too. As far as the French civil law is concerned, it is human beings who are guaranteed the primacy by the legislature through prohibition of any attempts on their dignity, and the protection of the individual starts from the moment of their birth. In turn, the criminal law imposes an absolute prohibition of depriving humans of Les remarques sur les limites de la protection de la vie humaine dans la le droit français 37 their lives in an intended manner. It must be stressed that the problem area discussed in the article required making reference to two categories of problems: on the one hand – an essay to qualify the limits of human life as regards temporal aspects and designating the initial and final moments of human existence, on the other one – a concrete reference to questions immanently connected with the sphere of conditions and circumstances of permissibility for individual’s existence or that of cessation of it (abortion, the status of human fetus, artificially aided procreation or euthanasia). In the concluding part of the considerations, it is stated that the question of protection of human life undoubtedly is an extremely complicated issue and raises numerous doubts of the interpretative nature. Indeed, from both the biological and legal perspectives there arise serious difficulties to precisely establish the individual stages of human development, as well as adjusting the law to varying conditions of protection of it. Therefore, in each situation where legal norms do not satisfy the requirements posed to them there opens a field of ethical reflection which relates to interpretation of the limits within which human life proceeds.
The occurrence of extraordinary measures may oblige businesses to perform many duties. Importantly, they can address many spheres of financial activity and, in practice, cause some interpretation doubts. The scope of utilization of extraordinary measures results from the nature of juridical institutions. In case of introduction of extraordinary measures avery important role can be played by legal obligations addressing telecommunication companies. Amultitude of orders and prohibitions concerning specific action in practice may raise some doubts. What is important — in the case of the said duties, many fields of legal institutions will apply. In the era of widespread terrorist threat, legal instruments aimed at telecommunications companies can play an important preventive and preservative role. The relevant services, in cooperation with telecommunication operators, may prevent many tragedies and take care of the security of the state in amore effective way.
The basic assumption of the article was to make the characteristics of a state of emergency according to French law currently in force. For this purpose, its three key aspects were presented: historical (including historical chronology of the introduction of a state of emergency), detailed scope of competence of the respective administrative services and relationships that exist between Art. 16 of the French Constitution and the provisions of the act that decrees a state of emergency. The conclusion was that, unfortunately, this instrument does not fulfill its essential role of protecting against any attack on national security.