Search results - CEJSH

1

Kilka uwag o odpowiedzialności karnej kierownika podmiotu odpowiedzialnego albo jednostki organizacyjnej takiego podmiotu za naruszenie obowiązku złożenia wniosku o wszczęcie postępowania wyjaśniającego

100%

Ochman P.

Nowa kodyfikacja prawa karnego

|

2012

|

vol. 28

89-108

EN

The article deals with a relatively new issue of the responsibility of the head of the responsible executive or an organisational unit of it for the breach of the obligation to submit a request for an inquiry. This issue became particularly interesting after the entry into force of the Act on Financial Liability of Public Officers for Gross Violations of Law, due to its introduction into the Polish legal system, a special legal regulation which is the basis for prosecution in this field. The author presents the relationship between the breach of the duty of an administrative obligation and criminal liability of persons obliged to submit a request for an inquiry into the rights of recourse in the case of payment of compensation by the State, unit of local government or other legal entity. The author analyses the problems indicated above, not only from the standpoint of the validity of the adoption of specific dogmatic solutions, but also in terms of their compliance with the rules of the criminal legislation.

2

Możliwość odebrania zwierzęcia stwarzającego zagrożenie dla życia lub zdrowia osób lub innych zwierząt

100%

Szczepańska-Kulik I.

Zeszyty Prawnicze BAS

|

2023

|

issue 3(79)

159-166

EN

The proposed amendment to the Animal Welfare Act would add a provision that would allow an animal that poses a risk to human life or health or to other animals to be taken away, as is the case for animals subject to abuse. In the author‘s opinion, the prerequisites for taking away an animal as proposed seem to be too generally defined. “Creating a threat” or the perception of a threat is a subjective circumstance and should not be the only condition for issuing a decision to take away an animal. The Animal Welfare Act provides for the possibility of a forfeiture order, but this can only be made for the act to be criminalised, not for the mere ‘creation of a danger to life or health‘ by an animal.

3

Bigamia w polskim prawie karnym

100%

Charko D.

Studia Ełckie

|

2012

|

vol. 14

485-492

EN

Bigamy is a crime threatening the regularity of family functioning, whose basis, due to the cul-tural tradition and Polish law, makes monogamy marriage. In his article the author presents the origin of the bigamy crime and its statutory hallmarks. It is shown who, in what circumstances, and with fulfilling which conditions, can commit bigamy crime, as well as the statistic depiction of the crime has been presented.

4

Inflacja normatywna w prawie karnym – rzeczywistość czy złudzenie?

100%

Zgryzek K.

Problemy Prawa Karnego

|

2017

|

vol. 1 (27)

|

issue 1

221-235

EN

The author discusses the problem of excessive normative production in Polish legal system on the example of the changes implemented by amending the Code of Criminal Procedure. The article presents the changes implemented in the particular codes of criminal proceedings, starting with the first code of the independent Poland, the Code of 1928, followed by the amendments to that code, which remained in effect until December 31, 1969, as well as modified normative solutions remaining in effect prior to the change of the political and economic system, and concluding with the Code of Criminal Procedure which came into force on September 1, 1998. Such comparative study of the activity of the Polish Parliament between 1928 and 2017 reveals a severe excessive normative production with regard to criminal law in the recent years. The author argues that any normative changes to code regulations should be implemented only once the regulations subject to change have been tested in practice and have undergone an in-depth discussion in all groups that use the modified norms. As a positive example, the author enumerates the efforts of the Codification Commission of the Criminal Law, which resulted in the amendment of September, 2013, and compares it with the procedure of amending the Code of Criminal Procedure in March, 2016.

5

Czynny żal jako instrument polityki kryminalnej i karnej

87%

Sitarz O.

Archiwum Kryminologii

|

2009

|

issue XXXI

159-172

EN

The object of the analysis are the institution known in the criminal law as active repentance and other similar normative institutions, which are sometimes referred to by scientists as active repentance in its broad sense or as quasi-active repentance. I was interested in the behavior of the perpetrator after commitment of an offence as a factor affecting the extent of perpetrator’s criminal liability in the context of criminal and penal policy (legally permissible modification of criminal responsibility in individual cases). Even a brief review of the institutions of active repentance in the Polish criminal law (regulated in the general and specific chapters of the Penal Code) allows to state that there is no uniformity, consistency, and rationality in shaping of this substantial instrument of criminal and penal policy. Sometimes one may have an impression that the issue of active repentance was regulated quite accidentally, not as a part of the comprehensive, rational criminal policy pursued by the entire criminal justice system. Since the key question is whether the established and accepted objectives and functions of punishment and / or criminal law can be achieved without a punishment, therefore the first part of the article is devoted to theories and functions of the penalty in conjunction with the reasons and functions attributed to active repentance. The different functions of an active repentance – to increase the efficiency – require some specific element in the design of this institution to be taken into consideration. These variables may be: if the benefits gained by the repentant are facultative or mandatory, the extent of the benefits, additional requirements imposed on the offender related to his conduct, an indication of a shorter or longer time limit to meet the statutory requirements and / or conditions related to repentant’s motivation, directory of the deeds in which the perpetrator can use the benefits arising from his active repentance, and indirectly also the place and method of regulation. Whether these variables should include consent of the victim, with all its consequences, probably also needs to be taken into consideration. Referring to the presented features of active repentance, by operating with the indicated variables, one can attempt to construct a variety of models of active repentance appropriate for performance of specific functions. Assuming its preventive function, active repentance should be provided for the widest range of crimes possible. Preferably, active repentance should be described clearly and precisely in the general part of the Criminal Code. Benefits provided for the accused person should be as wide as possible and always obligatory. Effective preventive function enforces the need to spread this instrument, especially the profits associated with it.

6

Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration

80%

Bojarski J., Daśko N.

Polish Political Science Yearbook

|

2019

|

issue 4 (48)

663-674

EN

2018 local self-government elections in Poland were special ones. Brought to light mismatching of provisions of the Electoral Code and Act on Local Self-Government Employees and attempt to use it to obtain an advantage in fight for political power caused political emotions and legal controversies. The aim of this article is presents limits imposed by criminal law on right to be elected in this type of elections and more general, role of criminal law as a tool in politics. The article presents a problem of conflict of legal regulations regarding the right to be elected and perform a public function in a local self-government unit as a problem of conflict between will of voters and attitude of politicians to creation of law and aim they try to obtain.

7

Karnoprawna dopuszczalność zabiegów adaptacyjnych − stan obecny i proponowane regulacje

80%

Kubiak R., Katedra Prawa Karnego W. P. i. A.

Acta Universitatis Lodziensis. Folia Iuridica

|

2015

|

vol. 74

EN

Under the present Polish law there are no provisions to regulate directly reassignment surgery. However, it is indirectly accepted as legal because administrative and civil law activities in files of the birth and death register much depend on it. In other jurisdictions conditions of such medical surgery are not determined, either. From the penal law point of view the surgery may result in meeting a definition of a crime of heavy damage to one’s health. In consequence a person may be deprived of procreation capacity which corresponds to a description of an act punishable under art. 156 § 1 p. 1 of the Polish penal code. This study is an analysis of the problem and suggests legal potential solutions to the issues discussed here.

8

Nielegalna imigracja z perspektywy występku umożliwienia lub ułatwienia pobytu na terytorium Rzeczypospolitej Polskiej

80%

Filipowska-Tuthill M.

Nowa kodyfikacja prawa karnego

|

2017

|

vol. 43

97-106

EN

This article is devoted to the important and very current problem of immigration, from the perspective of European Union and Polish regulations. This paper analyzes the crime of enabling and facilitating the illegal stay on the Polish territory, where the perpetrator acts for personal or financial gain. The subject here is the protection of public safety and order against unauthorized aliens. Illegally staying in the Republic of Poland, foreigners create a broad spectrum of threats to the state and its citizens (from administrative to illegal employment in organized crime and international terrorism).

9

Compliance in the Public Sector in the Light of the Guidelines of the Central Anti-Corruption Bureau as a Means to Overcome Impossibility in Preventing Corruption

80%

Nowak C.

Krytyka Prawa. Niezależne studia nad prawem

|

2021

|

vol. 13

|

issue 2

18-28

EN

The paper analyses the Guidelines issued in 2020 by the Central Anti-Corruption Bureau in Poland on the establishment and implementation of effective compliance programmes in the public sector. These guidelines constitute the very first Polish official document referring to compliance in the public sector. Its detailed critical analysis is therefore useful for the construction of compliance policies by public institutions, in order to prevent and possibly detect irregularities, including corruption, within these organisations.

10

Warunkowe zawieszenie wykonania kary — geneza instytucji i jej ujęcie w polskim kodeksie karnym z 1932 roku

80%

Pasek A.

Prawo

|

2013

|

issue 315/2

161 - 173

EN

This elaboration deals with the regulation of the conditional suspension of the execution of a penalty in the Polish Penal Code of 1932. The genesis of the institution, legal provisions in force in Poland before the enactment of the Penal Code of 1932 and the rules contained in the draft prepared by the Section of the Criminal Law of the Codification Committee of the Polish Republic, based on a report prepared by Juliusz Makarewicz, were presented in the article. It has been shown that the institution of conditional suspension of the execution of a penalty in the Polish Penal Code of 1932 was formed on the basis of in-depth considerations, taking into account the achievements of European doctrine of law and legislation. During its regulation not only a popular on the European continent Franco-Belgian system, but also the indigenous experience of the validity of particular laws in the areas previously held by the former partitioning powers was used. The rules of conditional suspension of the execution of a penalty developed by Polish lawyers, constituted an important element in accordance with the demands of sociological individualization school of criminal responsibility.

11

HATE CRIME ELIMINATION INSTRUMENTS IN HUNGARY

80%

Vyrostko M.

Central European Papers

|

2021

|

vol. 9

|

issue 2

81-90

EN

Extremism is an undesirable anti-social phenomenon, belief or behavior that most societies naturally try to eliminate, or at least mitigate its negative effects. The horrors of the Second World War significantly contributed to the understanding of the seriousness of the radicalization of society, which can lead to the targeted murder of groups of the population on the basis of nationality, race, religious beliefs, or sexual orientation, etc. The aim of the article is to evaluate the relevance of legal measures against extremism and to point out the current problem areas of the fight against extremism in Hungary on the basis of a brief analysis of the Hungarian Criminal Code and the currently identified number of hate speech and hate acts in Hungary. In the parts of the article we refer to the comparison with the Criminal Code no. 300/2005 as amended (Criminal Code of the Slovak Republic). To meet the goal of the article, we use mainly qualitative scientific methods of deduction, induction, analysis, synthesis and comparison.

12

Kilka uwag o sposobach rozstrzygania sporów dotyczących sprawczego współdziałania w popełnieniu przestępstwa indywidualnego

80%

Kardas P.

Nowa kodyfikacja prawa karnego

|

2017

|

vol. 43

191-231

EN

The following research paper is devoted to the analysis of the issue of criminal liability of the extraneus for agential cooperation in committing an individual crime. It sets out to describe the historical concept of the extraneus’ responsibility for his cooperation in committing an individual crime and to further evaluate the fundamental theoretical, criminal, political and dogmatic problems associated with the above mentioned matter. When it comes both to the criminal and political aspects, our analysis focuses on how to justify grounds for criminal liability in cases where the perpetrator of an individual cooperative crime does not fulfi ll the statutory requirements which must be met so as to constitute such an offense. As for the theoretical aspect, it depicts the possible models of solving the extraneous’ liability issue by juxtaposing two mutually exclusive conceptions. First of these is based on the modification of the elements of an individual offense, thus transforming it into a crime that can be perpetrated by any offender (ordinary crime?) in case of agential cooperation. The second one, however, advocates including new elements into the criminal code, the actualization of which will constitute grounds for accepting the extraneus’ liability for cooperation in committing an individual crime without modifying the statutory characteristics of the agential subject. Finally, the dogmatic insights review the current regulations and provisions. To sum up, it is proposed to order the statutory regulations by using and implementing one of the aforementioned theories.

13

Between confidentiality policy and an obligation to denounce – does polish law ignore or protect professional secrecy of psychologists?

80%

Bocheński M.

Psychologia Wychowawcza

|

2019

|

vol. 57(15)

139-151

EN

Confidentiality is without a doubt one of the most important rules in psychologist's profession. Polish law guarantees the protection of professional secrecy of psychologists (also in the provisions of the penal code which criminalize its violation). However, the same law (Polish penal code) forces psychologists to break the policy of confidentiality in the case of gathering a reliable information about certain crimes by. The aim of the current publication is to elaborate on the collision of the values of keeping professional secrecy and of public security and justice system. The outcome of the analysis can with certainty be helpful for psychologists in solving a conflict between professional secrecy and a legal obligation regarding reporting a crime

14

Pojęcie przestępstwa lingwistycznego i jego typologie

80%

Falana-Jafra A.

Poznańskie Studia Polonistyczne. Seria Językoznawcza

|

2021

|

vol. 28

|

issue 1

45-56

EN

The aim of the article is to formulate a definition of linguistic crimes as a specific type of crimes penalised in Polish criminal laws and to categorise them according to the following criteria: the nature of the perpetrator’s enforcement activities; the use of language or failure to use it; the length of the linguistic enforcement activities; the authorship of statements; the nature of the legal good to be protected. Human behaviour, which is legally classified as a linguistic offence, is performative in nature and therefore has the legal effect of making the offender criminally responsible and of imposing criminal sanctions on him/her by the competent state authorities. In the article, the performative function of language will be extended to include the notion of passive performativity, resulting from an offence committed as a result of the failure to use language in situations where its use is required by the legal system.

15

On “Rationality” in Criminal Law

80%

Janiszewski B.

Adam Mickiewicz University Law Review

|

2019

|

vol. 10

413-433

EN

The paper is an English translation of Rozważania o “racjonalności” w dziedzinie prawa karnego by Bogusław Janiszewski, published origi-nally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1996. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

16

Theory and Practice in Criminal Law

80%

Bossowski J. J.

Adam Mickiewicz University Law Review

|

2019

|

vol. 10

401-412

EN

The paper is an English translation of Teoria i praktyka w prawie karnym by Józef Jan Bossowski published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1924. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz Uniersity, Poznań.

17

W sprawie poselskiego projektu ustawy o uznaniu za nieważne orzeczeń wydanych wobec byłych posłów na Sejm Rzeczypospolitej Polskiej skazanych w procesie brzeskim za działalność na rzecz demokratycznego Państwa Polskiego

80%

Jastrzębski R.

Przegląd Sejmowy

|

2020

|

issue 2(157)

165–172

EN

The opinion concerns convicting deputies in the so-called Brest trials. This was an event of great political signi cance in the Second Republic of Poland. After the September defeat * Opinia została napisana 10 lutego 2020 r. (przyp. red.). 166 Przegląd Sejmowy 2(157)/2020 Opinie in 1939, on 31 October 1939 President of the Republic of Poland issued a decree granting amnesty to the former deputies and reinstating their civil and honorary rights in their entirety. Since 2005 interpellations and bills have been submitted — mostly by deputies of the Polish People’s Party — concerning considering judgments passed in the Brest trials null and void. The bills were negatively evaluated by the government, the Supreme Court, the National Council of the Judiciary, they were also analysed by the Sejm Analyses Of ce. The discussed bill — third one submitted, not differing substantially from the previous one submitted in 2016 — refers to speci c court judgments in criminal cases passed with relation to speci c individuals. It is worth noting that an act shall contain legal norms of general and abstract nature. Hence, the proposed legal solutions transgress the attribution of the Sejm and consequently may violate the principle of separation of powers.

18

The Impact of International and European Law on the Development of Environmental Protection Through Criminal Law in Poland

80%

Łyżwa R.

Internal Security

|

2019

|

vol. 11(1)

49-63

EN

The issue of environmental protection through criminal law is primarily associated with the fight against the most serious attacks on the environment. The progressive degradation of natural ecosystems, which is an important consequence of the development of human civilisation, has shown that one of the most important challenges of modern man is to provide the environment with adequate and effective protection. It should be emphasized that although the main burden of such protection is implemented through administrative law and to a lesser degree through civil law instruments, the use of criminal law in environmental protection as an ultima ratio of this protection has proved to be absolutely necessary. Legal regulations regarding the criminal law protection of the environment in Poland have gone a long way in terms of development. It should be emphasized, however, that the shape and development of criminal law protection of the environment in Poland has been significantly influenced by European legislation, which was obviously related to Poland’s accession to the European Union in 2004 and international law, in particular the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 in Washington, DC, and the Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which was opened for signature in Basel on March 22, 1989. The article presents the most important issues related to the impact of European and international law on the development of environmental protection through criminal law in Poland.

19

Compliance policy as a manifestation of legal pluralism

80%

Nowak C.

Studia Prawnicze

|

2018

|

issue 3 (215)

89-102

EN

The aim of article is to describe the role of ‘compliance norms’, which functions as a preventive tool, also deters potential perpetrators of crimes and protects private entities from liability. Author analyzes the system of compliance norms in the context of compliance with criminal law as part of the phenomenon of legal pluralism.

20

Pojęcie miejsca stałego pobytu w prawie karnym

80%

Giętkowski R.

Forum Prawnicze

|

2018

|

issue 1 (45)

35–48

EN

“Permanent place of residence” is one of the most ambiguous notions in criminal law. Its interpretations differ. Moreover, the comprehensive outlook on this notion is lacking in criminal law. At the same time, the range of use of a permanent place of residence notion lastingly extends and its understanding influences among other things the scope of an accused’s duties. Therefore, it is necessary to analyse this notion taking into consideration the cohesion of the criminal law system. The author proposes that the whole criminal law definition of a permanent place of residence be universal.

Refine search results