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Niegodność wyborcza a niektore instytycje prawa karnego i konstytucyjnego

100%
Kociubiński P.
Przegląd Sejmowy
|
2012
|
issue 1(108)
59-70
EN
The work on a bill to amend the acts governing elections of the Sejm and the Senate, as well as the act on presidential elections, which adjusted these acts to the wording of Article 99 para. 3 of the Constitution (added in 2009) – resulting in adoption of the bill and its promulgation in Dziennik Ustaw – has not attracted much interest. Meanwhile, the manner in which the text of the above-mentioned amendment was prepared, as well as its final wording, subsequently “transferred” to the Election Code, tells us a lot about the way of interpretation of constitutional terms and understanding of the Constitution by the Polish legislator. Another issue, almost completely ignored by those working on constitutional amendments and revision of electoral laws, but also by the law doctrine, is the effect of the erasure of the entry from the register of convictions in relation to the candidate on his eligibility. In the author’s opinion, the predominant approach to this question is wrong, since it is based on interpretation of constitutional concepts from the angle of statutory terms, while the opposite reasoning should be applied. While the approach that the concept of ‘convicted person” already existed on the day of the adoption of the Constitution would be defended, identical value would be attributed to the concept of ‘offence” which, however, is interpreted by reference to the autonomous notions of the Constitution of 2 April 1997. In the conclusion, the author, taking a literal and autonomous approach to statutory regulations of the cited provision of Poland’s constitution, claims that the existing statutory regulations have not still been fully adjusted to constitutional provision, especially to the extent that Article 106 of the Penal Code requires electoral bodies to treat as non-existent the conviction by the valid judgment of the court to the penalty of deprivation of liberty for intentional offence prosecuted by the public prosecutor when entry on such conviction was erased from the register. Consequently, inclusion of the above-mentioned mechanism into the newly adopted Election Code makes this act defective to the extent in question. In the author’s view, the said amendment of the Constitution, doubtful in the context of conformity with the constitutional requirements existing in the moment of its adoption, has given a new, constitutionally relevant, meaning to the matter of procedure – public or private – of prosecution of offences. As a result, all legislative proposals aiming at widen the catalogue of such offences should meet the requirements specified in Article 31 para. 3 of the Constitution.
2

CONVICTIONS FOR CRIME ACCORDING TO ARTICLE 218 §1 OF THE CRIMINAL CODE IN THE YEARS 1998- 2006 IN THE LIGHT OF COURT STATISTICS

100%
Marciniak J.
Myśl Ekonomiczna i Prawna
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2008
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issue 3(22)
109-124
EN
The aim of the article is to show the dynamics of convictions for the crimes according to article 218 of the criminal code in the years 1998-2006. The statistical data were obtained from the Ministry of Justice, the Organizational Department, Statistics Section. They refer to valid convictions of adults for the crime according to 218 § 1 of the criminal code. The increase in the number of convictions for this crime is evident. The editing of the regulation itself is not unimportant as it penalizes a very wide range of breaches of employees' rights. In order to decrease the number of crimes against the employees' rights and, as a result, the dimension of the phenomenon, appropriate institutions such as e.g. National Labor Inspectorate, employers' organizations and trade unions should undertake organized actions aimed at making citizens aware of the types, reasons and consequences of breaches of employees' rights.
3
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PŘEDPISY POLSKÉ BISKUPSKÉ KONFERENCE PRO ŘÍZENÍ OHLEDNĚ OBVINĚNÍ ZE SEXUÁLNÍCH TRESTNÝCH ČINŮ

75%
Adamowicz L.
Studia theologica
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2012
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vol. 14
|
issue 3
169–177
EN
The paper describes particular norms of the Polish Conference of Bishops dealing with the investigation of accusations of sexual delicts committed by Catholic clergy. Firstly, it informs about the history of such legislative norms from 2009 and the reasons for their amendment. Subsequently, the author offers an analysis of the new instructions from 2012: its goals, its legal sources in the material and procedural area, the means for verifications of accusations, the instruments for necessary help for victims of delicts, and the relationship between the canonical and secular penal procedure. Finally, he indicates requests for the formation of clergy, as they result from the experiences of dealing with such crimes and accusations, and for their prevention as well.
4
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POŽADAVKY KLADENÉ NA KANDIDÁTY SVĚCENÍ PODLE KODEXU KANONICKÉHO PRÁVA Z R. 1983 A INSTRUKCÍ DIKASTÉRIÍ ŘÍMSKÉ KURIE

75%
Krukowski J.
Studia theologica
|
2012
|
vol. 14
|
issue 3
128–137
EN
The paper describes the current practice and legislation of the Catholic Church in connection with offenses of a sexual character. Firstly, a clarification is provided of the concept of Canon penal law and the concept of criminal offenses in the system of Canon law in terms of material and formal. Subsequently, the author deals with specific offenses, arising from the acts against the sixth Commandment of the Decalogue and their division according to the kind of violation of the sixth Commandment – directly or indirectly. The author analyses the individual offenses according to the conditions of the perpetration of offenses, their subject, object, imposed penalty and the competent authority for declaring or imposing of the penalty. The author discusses the institute of prescription and the changes in this area (particularly the extension of prescription) in the case of offenses against minors, reserved for the Congregation for the Doctrine of the Faith.
5
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PROCEDURA PROPUŠTĚNÍ Z DUCHOVNÍHO STAVU PODLE NEJNOVĚJŠÍCH PŘEDPISŮ APOŠTOLSKÉHO STOLCE

63%
Stoklosa M.
Studia theologica
|
2012
|
vol. 14
|
issue 3
138–155
EN
The article acquaints readers with the latest changes in legislation of the Catholic Church in the penal law. It describes the procedure of dismissal from the clerical state according to the Normae de gravioribus delictis and the current practice of the Congregation for the Doctrine of the Faith and the prescription of such offenses as well. The paper also provides an analysis of the procedure of dismissal from the clerical state on the basis of three special faculties granted by the Pope to the Congregation for the Clergy in 2009. These faculties are presented as a response of the Holy See to specific experiences of the Church and the difficulties in the application of ordinary ways of dismissal from the clerical state in an effort to protect in a better manner both the good of the Church as a whole, as well as the good of the individual cleric according to the rule salus animarum suprema lex. The extraordinary nature of these faculties should be recalled, as their use is only possible when a solution it is not possible using ordinary ways and their application is strictly centralized.
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