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CONSTITUTIONAL ACCOUNTABILITY IN THE CONTEXT OF THE PRINCIPLE OF REPRESSIVE PROVISIONS (Odpowiedzialnosc konstytucyjna w swietle zasady okreslonosci przepisów represyjnych)

100%
Gromek Z.
Przegląd Sejmowy
|
2010
|
issue 2(97)
9-28
EN
The article examines the provisions concerning constitutional accountability (Article 198 para. 1, Article 145 para. 1 and Article 156 para. 1 of the Constitution) in the context of the principle of specific nature of a prohibited act. From the constitutional principle of 'nullum crimen sine lege' (Article 42 para. 1 of the Constitution) stems, inter alia, the requirement for precise and explicit statutory definition of material elements of a prohibited act, which prevents repressive provisions of a blanket nature from being enacted The requirement for sufficient specificity of the features of a prohibited act covers all forms of repressive responsibility, including constitutional accountability. The fact that the constitutional legislator has given the regulations establishing constitutional accountability the form of blanket provisions may raise doubts whether the specificity requirement has been thereby met. The article provides arguments that seem to support the use a blanket provision in this case. The author points out that, in view of the jurisprudence of the Constitutional Tribunal, the principle of specificity is not absolute. At the same time, in the context of disciplinary responsibility which is similar to constitutional accountability, the constitutional court permits the application of blanket regulations. A similar structure is applicable to criminal liability for abuse of powers of authority (Article 231 §1 of the Penal Code). The author believes that only such approach to liability may guarantee full protection of the principle of legalism in the functioning of the supreme organs of the state. He also draws attention to the fact that regimes of liability stricter than those applied to regular citizens are allowed in relation to persons holding public functions.
2

QUALIFIED KINDS OF HOMICIDE IN THE PENAL CODE OF 1997. ATTEMPTS OF EVIL COMPARISON

100%
Gardocka T.
Myśl Ekonomiczna i Prawna
|
2006
|
issue 1(12)
17-27
EN
The aim of the paper is to indicate legal and ethical issues connected with the amendment of the penal code in the range of homicide crimes from the article 148 of the penal code.To achieve the aim the authoress uses the penal law literature and the texts of binding and historical bills.The results of the analysis show that the changed legal regulations concerning homicide not only constitute the limitation of judge's freedom to adjudicate punishments but also cause doubts as to the range which qualified kinds of homicide include especially in the point: motivation deserving special condemnation. In conclusion it can be stated that the introduction of qualified kinds of homicide is not a justified change of the penal law.
3

PENALIZATION OF BIGAMY

100%
Gizowska-Szarek S.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 4(11)
202-220
EN
The paper aims to explain the doubts connected with bigamy. It contains the views on the institution of family, the value of marriage, the descent of a child and the consequences related to them. The authoress starts the considerations with historical issues including the development of monogamous family and moves on to the regulations concerning bigamy throughout history. The paper also includes a detailed analysis of the crime from the article 206 of the Penal Code of 1997 penalizing bigamy and explains the doubts connected with this regulation. The final part of the paper demonstrates the circumstances supporting decriminalization of bigamy considering moral, emotional, psychological, normative and preventive factors.
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