Search results - CEJSH

1

Criminal-Law Liability of Members of a Municipal Council in the Slovak Republic

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Hencovská M.

Journal of Modern Science

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2016

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issue 4(31)

177-188

EN

Author aims the attention to a potential criminal-law liability of the members of a municipal council, who participate in the activities of the municipality especially by attending ordinary and extraordinary sessions as the members of a collective body, they take decisions. Their wilful or neglecting unlawful actions can be the basis for the criminal liability.

2

Limits of criminal liability of police officers - historical-legal study

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Mocarska D.

Internal Security

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2019

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vol. Special Issue

45-58

EN

Misuse of power is a crime that threatens the proper functioning of state institutions, undermining trust in the system of power, and creates a particular sense of injustice among the citizens who come into contact with it. Service in the Police puts before each officer a number of duties, resulting from the provisions of law contained in acts, regulations as well as decisions and orders of superiors. Few professions are so ethically demanding and so full of moral conflicts. No other profession requires making moral judgements about the behaviours of other people, and using in response to these behaviours appropriate social reactions, based on moral reasons. The crime of abuse of function involves the exceeding of powers or failure of a public officer to perform his duties, and such abuse of power must be to the detriment of a public or private interest. Acting to the detriment means that the offender's conduct poses a threat to any public or private good. The crime of abuse of power consists in the action of an entity having specific duties and powers in the public sphere, where that action consists in exceeding the powers or failing to fulfil the obligations to the detriment of a legally protected good. In each case a number of activities are required to establish the source of the right or obligation of a public officer to take specific actions, to define the addressee and the content of the right or obligation, and in the event that the public officer is under an obligation to act, also to determine the moment of updating the obligation. Furthermore, an indication of the part of the actual conduct of the offender which was directly related to a specific prohibition or order and a demonstration that the actual conduct of a public officer was contrary to that prohibition or order. Exceeding the powers by a public officer should be considered a specific type of factual and formal event, when there is a breach of an official order or prohibition binding on this person.

3

Społeczne niebezpieczeństwo czynu jako warunek kryminalizacji

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Kulesza J.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

327-347

EN

A human action in order to be criminalized must be deemed socially harmful. In the social realm it is necessary to identify an action perceived as potentially harmful to legally protected values, that is one infringing upon them or threatening them to a degree exceeding socially accepted limits, one that is required or expected to be criminalized. The social threat as a particular characteristic of a human action serves as the broadest justification (hence a verification and a rationalization) of a criminal prohibition. The presumed abstract social harm (a threat) of an action which is to be criminalized serves as the lawmaker’s prerequisite for criminalization. Its constitutional foundations lie in the principles of a democratic state and the consecutive principle of proportionality is perceived broadly as a guarantee against the criminalization of actions that do not pose a social threat or ones that exercise individual rights and freedoms granted within the constitution. Penalizing actions that pose no social threat is a violation of the constitution. The notion of a social threat plays therefore a dual role. It obliges t he lawmaker to act in cases when the threat to individual rights and freedoms exceeds the socially acceptable level, including the obligation to introduce criminal measures against any particularly harmful infringement of those rights, but also the need to intervene in order to protect the values shared within a society. In the latter case the potential criminalization is originated within the principles and values expressed in Articles 2 and 5 of the Polish constitution. On the other hand, the potential social harm of an action serves as a safeguard against a too far reaching legal interference in individual rights and freedoms. This purpose is expressed in Article 31 para. 3 of the constitution. This limitative clause is to warrant the right balance between the protection of individual rights and freedoms or the protection of shared social values and state interference in those individual rights and freedoms necessary to ensure such protection.

4

The Key Witness as an Instrument of the System of Control of Organized Crime in Poland.

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Gabriel-Węglowski M.

Internal Security

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2013

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vol. 5(2)

127-140

EN

This article is devoted to the characteristics of the Polish model of the institution of key witnesses and the actual experience of its use since its introduction into the Polish legislation in 1998. In addition to organizational measures such as the establishment of the Central Bureau of Investigation of the National Police Headquarters, this has become one of the main instruments of criminal law used to combat the most serious crime, particularly organized crime. The introduction of a formula of absolute discharge for people involved in the offence in exchange for cooperation with law enforcement and justice and the disclosure of other offenders has become a necessity in the face of an explosion of crime after the collapse of communism in 1989 and as a result of the partial ineffectiveness of the existing methods of law enforcement. After a few years, the development of these social ills began to threaten the stability and internal security of the state. But it should be stressed emphatically that under Polish law and the rules of criminal law key witness is no “magic formula” which overturns the regulations, or is it a form of evidence which merits special weight. Polish law does not provide for a legal theory of evidence. The fact that someone is a “Crown” witness has a real, formal importance onlyto his personal situation and the substantive process, and his life (the suspension of criminal proceedings against him and ultimately a release for him from criminal responsibility, as well as the material support of the state and protection from retaliation from other criminals). The key witness is an ordinary witness within the meaning of the term as defined by the importance of his account, while the actual substantive significance of his evidence to the establishment of the truth may only result from the credibility of his evidence combined with the professional approach of all participants in the criminal proceedings and the use of all necessary tools of a fair criminal trial resulting in proper judgment on the merits of the case.

5

Opinia prawna w sprawie wykładni art. 105 ust. 1 Konstytucji oraz art. 7b–8 w związku z art. 6 i 6a ustawy o wykonywaniu mandatu posła i senatora

100%

Czarny P.

Zeszyty Prawnicze BAS

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2016

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issue 4(52)

72-84

EN

A Deputy, after the expiry of the mandate, is still entitled to legal protection based on art. 105 paragraph 1 sentence 2 of the Constitution. This means that even after the expiry of the mandate, the Deputy may be prosecuted for an act violating the rights of third parties upon the consent of the Sejm. The Sejm is obliged to examine the application for permission to hold Deputy responsible for the activities within the scope of the mandate (to waive the immunity of a Deputy), whose mandate has expired, provided that the application complies with the formal requirements described in the Act on Exercise of the Mandate of a Deputy and Senator.

6

Diagnoza w postępowaniu karnym wobec nieletnich przestępców we Francji

100%

Perska-Gradowska P.

Nowa kodyfikacja prawa karnego

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2019

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vol. 53

199 - 209

EN

The purpose of the article is to analyse the role of diagnosis in criminal proceedings against juvenile offenders. Firstly, the conditions of juvenile criminal liability in France are presented. It is emphasised that the basic condition is being able to discern the act committed. The second part concerns the measures ordered by a judge for minors to gather information about the minor, their family situation and functioning environment. In the conclusion, the role of diagnosis in criminal proceedings is described. It is worth emphasising that the diagnosis in the French system provides support for a judge and conditions the juvenile criminal liability.

7

The Disciplinary and Criminal Liability of Judges in Poland. A Criminalistics Study of Cases of Disciplinary and Criminal Liability of Judges in the Years 2010–2018

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Hrehorowicz M.

Adam Mickiewicz University Law Review

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2020

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vol. 11

293-320

EN

The article presents basic findings about the disciplinary and criminal liability of common courts judges in Poland. These findings are presented from a criminalistics perspective. The article provides data on the following issues: the basics of the disciplinary and criminal liability of judges, the number of disciplinary cases of judges in the years 2010–2018 and the number of criminal cases of judges in the years 2001–2017, categories of the disciplinary violations and crimes committed, decisions taken in cases of disciplinary violations, and imposed penalties. The article is based on an examination of Supreme Court verdicts issued in disciplinary cases of judges and data provided by the Ministry of Justice

8

Przestępstwo naruszenia autorskich praw osobistych z art. 115 ust. 3 Ustawy z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych w świetle zasady określoności

100%

Piesiewicz P. F.

Studia Prawa Publicznego

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2018

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issue 2 (22)

29-48

EN

The Act of February 4, 1994 on Copyright and Related Rights, which regulates issues related to the protection of copyrights, belongs to the private law system (its provi- sions protect the private interest). However, the Act includes both administrative and criminal law provisions aimed at protecting the public interest. The literature rightly points out that the systemic division into public and private law is becoming increasingly less pronounced, due to the permeation of legal domains belonging to both systems. An example of such interpenetration are the provisions of copyright law. This statement is significant for the considerations made in this article due to the statutory method of penalising certain behaviour contained in the provisions of the Copyright and Related Rights Act. Criminal law provisions, systemically related to public law and protecting the public interest, contain references to the provisions of the Copyright and Related Rights Act regulating the scope of copyright protection, i.e. private law norms. In the context of the requirements that should be met by criminal law, such a reference raises doubts, which are particularly highlighted in Art. 115 para. 3 of the Copyright and Related Rights Act. This issue is impor- tant because the Constitutional Tribunal in its judgment of 17 February 2015, Ref. K 15/13 recognised this provision as constitutional. Therefore, he concluded that the principle of the specificity of a criminal act does not preclude the legislator from using terms that are imprecise or vague if their designations can be determined. At the same time, the Constitutional Tribunal has not presented any arguments indicating that in this case the determination of the designates of Art. 115 para. 3 of the Copyright and Related Rights Act does not cause any difficulties. The author of this article attempts to determine the extent of criminal liability in the event of a violation of author’s moral rights (Article 115 section 3 of the Copyright and Related Rights Act), at the same time indicating the difficulties that are associated with the unambiguous determination of behaviour which Art. 115 para. 3 of the Copyright and Related Rights Act penalises.

9

The Intermediate Criminal Law in the Legal Position of the Constitutional Court of Ukraine

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Karelova G.

Internal Security

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2012

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vol. 4(1)

25-30

EN

This article is devoted to the problem of reforming Ukrainian legislation in accordance with the European principles of humanization and mitigation of criminal liability. Since the principle of supremacy of the law acts and is admitted in Ukraine, and the Constitution of Ukraine has supreme legal validity, laws and other normative legal acts have no retrospective effect, except those which mitigate or eliminate liability of a person accused of committing a crime. Amendments to the Criminal and Criminal Procedural Codes of Ukraine of 2008have proscribed that after a person has committed a сriminal act, and the Law on Criminal Liability was changed several times, the law eliminating the criminality of that act, mitigating criminal liability or improving a person’s position has a retrospective effect. In this regard, the Constitutional Court of Ukraine has to interpret some basic questions, such as: whether punishment in the form of life imprisonment can be applied to persons who have committed a criminal act for which until March, 29, 2000, the Criminal Code of Ukraine proscribed the possibility of the death penalty; and whether life imprisonment is a new kind of punishment or is a replacement of one kind of punishment with another one – in this case, the death penalty with life imprisonment. The author proves that the Criminal Code of Ukraine, with some modifications concerning mitigation of criminal liability, should be considered as a new criminal code. According to the legal position of the Constitutional Court of Ukraine, for persons who committed crimes, for which the possibility of the death penalty was proscribed until March 29, 2000, the punishment of the life imprisonment may be applied.

10

Granice dopuszczalnej blankietowości w obszarze prawa karnego

100%

Wiśniewski M.

Przegląd Sejmowy

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2015

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issue 6(131)

59-69

EN

The article deals with blanket norms and nullum crimen sine lege rule. The fi rst major problem, discussed by the author, were the reasons for enabling the use of a blanket provision in common criminal law. Pursuant to Article 42 (1) of the Constitution of the Republic of Poland, an act is only punished if criminal liability had been established by Parliament (by means of a statute) before the act was committed. Because inconsistent with Constitution are blanket regulations reference in the aggregate to other sources of law. Wherefore, the author critically examines the judgments of the Constitutional Tribunal. Furthermore, in the literature of the subject accepted is that blanket provision refer to uncodifi ed sources of law. In this matter the author took a different position, because an act is only punishable if offender broke the promulgated law. This interpretation is supported by the nullum crimen sine lege rule.

11

Comments on the criminal protection of the capital market in Poland

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Płońska A.

Nowa kodyfikacja prawa karnego

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2014

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vol. 34

29 - 43

EN

The development of the capital market in Poland in recent years is also associated with various types of prohibited acts that threaten both individual and general public legal interests. The importance of criminal protection of the capital market is essential when other means of legal responses are not effective. The author indicates the protective function of criminal law as the most significant. Then the author presents an overview of the Polish capital market and criminal liability for the majority of capital market offences.

12

Some Peculiarities of Pretrial Agreement on Cooperation with a Person, who Committed a Socially Dangerous Act in a State of Irresponsibility

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Semyonov S.

Internal Security

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2013

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vol. 5(2)

163-170

EN

The 2001 Criminal Procedure Code of the Russian Federation continues to undergo fundamental adjustments. Ensuringthe aim of criminal proceedings for the protection of the rights and legitimate interests of persons affected by a crime, while alsopreventing the prosecution of suspects and accused the legislator seeks new forms of realization of this purpose. The legislatorcontinues to search for new ways in this direction and June 29, 2009 another federal law № 141-FZ was adopted which amendedthe Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation, in accordance withwhich section X criminal Procedure Code of the Russian Federation was supplemented with a new institution — the “Specialprocedure for making a judgment at the conclusion of pretrial cooperation agreement” (Section 40.1). In accordance with p. 61art. 5 CCP RF pretrial cooperation agreement is an agreement between the prosecution and defense, wherein the parties agree onthe liability provisions of the suspect or the accused, depending on his actions after a criminal case or indictment. Given that a newspecial procedure is based on the conclusion of cooperation agreement at the preliminary investigation between the prosecutionand defense, undoubtedly, primarily relevance is definition of the range of subjects participating in the agreement, the subjectof the agreement, legal obligations arising between the parties and liability in connection with the conclusion of the agreement,the author, stops on one of the emerging issues to justify their own position.

13

Opinia prawna na temat wniosku z 11 lipca 2016 r. o wyrażenie zgody na pociągnięcie do odpowiedzialności pana H.K., przedłożonego przez oskarżyciela subsydiarnego posiłkowego E.K., reprezentowaną przez pełnomocnika – adwokata Z.K.

100%

Odrowąż-Sypniewski W.

Zeszyty Prawnicze BAS

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2016

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issue 4(52)

59-71

EN

The application concerns a person who held the mandate of a Deputy during the seventh term of the Sejm, but is not currently a deputy. According to the art. 105 paragraph 1 sentence 2 of the Constitution, a Deputy may be brought to a court accountability for action violating the rights of third parties, which have been taken within the scope of the mandate, only upon the consent of the Sejm. This rule applies to a possible court accountability of former Deputies concerning acts committed in the course of exercise of their parliamentary mandate. The subject of the resolution adopted by the Sejm must include a whole set of behaviors constituting a persecuted act, regardless of whether all behaviors are within the scope of the mandate. Content of the application meets the required precision only with regards behaviors belonging to the third group of activities. The behaviors of the first and second group have been indicated in the application in a very general way, what means that the application does not meet the requirement under art. 7b paragraph 4 Section 4 of the Act on performance of the mandate of Deputy and Senator.

14

Umelá inteligencia, jej využívanie a trestnoprávna zodpovednosť - výzvy, problémy a možné riešenia

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Vojtuš F., Kordík M., Dražová P.

Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)

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2023

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vol. 162

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issue 6

549-570

EN

The paper deals with the problems related to the legal definition of artificial intelligence and at the same time with the issues related to the criminal liability for actions in which artificial intelligence or systems containing it are involved to varying degrees. In this context, artificial intelligence is a key element in the direction of the development of autonomous vehicles.

15

Prawny system gospodarki odpadami w lasach państwowych w Polsce

100%

Barczak A.

Roczniki Nauk Prawnych

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2022

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vol. 32

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issue 4

7-25

EN

The aim of this study is to characterize waste management as seen in examples of municipal waste that is generated in national forests. This objective is closely accompanied by the research problem worded as follows: Does the legal system of waste management have a separate character? What is criminal liability for dropping municipal waste in forests like? Are the values of prohibition of littering in forests, recognized by the legislator, shared in community life and in culture? The achievement of the research goal and the solving of the scientific problem served to formulate a research hypothesis that attempts to seal the municipal waste collection system do not suffice to eliminate “illegal dump sites” in forests. Three methods of investigating law are employed to achieve these scholarly effects, that is the method of analysis of the law in force and the methods of axiological and sociological investigation of law.

PL

Celem niniejszego opracowania jest charakterystyka gospodarki odpadami na przykładzie odpadów komunalnych powstających w lasach państwowych. Z celem pracy jest ściśle związany problem badawczy, ujęty w następujący sposób: Czy system prawny gospodarki odpadami w lasach ma charakter odrębny? Jak kształtuje się odpowiedzialność karna za odpady komunalne porzucone w lasach? Czy uznane przez ustawodawcę wartości niezaśmiecania lasów podzielane są w życiu społecznym i kulturze? Osiągnięcie celu badawczego oraz rozwiązanie problemu naukowego posłużyło do postawienia hipotezy badawczej, że dokonywane próby uszczelniania systemu odbioru odpadów komunalnych nie są wystarczające do tego, aby zlikwidować „dzikie wysypiska” w lasach. Do osiągnięcia wyżej wymienionych efektów naukowych zastosowano trzy metody badania prawa, tj. metodę dogmatyczno-prawną, metody aksjologicznego i socjologicznego badania prawa.

16

Problem odpowiedzialności cywilnoprawnej, administracyjnoprawnej oraz karnoprawnej lekarza za niedołożenie należytej staranności w procesie udzielania świadczeń opieki zdrowotnej

89%

Ilnicka P.

Opolskie Studia Administracyjno-Prawne

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2018

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vol. 16

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issue 1 (2)

119-132

PL

The issue of doctors’ civil-law, administrative-law and criminal-law liability for negligence of adequate care in terms of providing healthcare services is multifaceted. It covers various actions and omissions. The analysis of the presented jurisdiction of courts of law shows that actions or omissions, which meet the criterion of negligence of adequate care, are diversified. They include, e.g., incorrect testification of medical records (or even a lack of relevant documentation), omission of giving comprehensive and intelligible information to patients and use of improper medical products. Patients claiming their rights to have healthcare services provided – based on current medical knowledge, according to the rules of professional ethics, with solicitude – use legal path (civil-law, administrative-law, criminallaw). These proceedings are not mutually exclusive.

17

ODPOWIEDZIALNOŚĆ KARNA ZA PRZEKROCZENIE GRANIC WOLNOŚCI WYPOWIEDZI

88%

Mrozek J. J.

Civitas et Lex

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2017

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issue 1(13)

7-20

EN

The article is an attempt to analyze criminal liability for exceeding the limits of freedom of expression, for example, the crime of defamation (slander) of insult and defamation of religions. Analysis of individual crimes include: signs indicating the type of criminal act (the object of protection, signs pages of this criminal act, signs of subjective side), the threat of punishment and penal measures and the mode of prosecution.

18

Problemy praktyczne związane z instytucją pieczy naprzemiennej

88%

Łukasiewicz J. M.

Forum Prawnicze

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2018

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issue 2 (46)

53–64

EN

The aim of this article is to explain a new institution of Polish family law, being the so called alternate custody. In the article, the relation of alternate custody towards notions such as: parental authority, contact with a child, alimony etc. have been presented. The author has tried to indicate the practical aspects of the utilization of alternate custody

19

Aktualne aspekty zjawiska kryminalizacji dopingu w sporcie

88%

Szwarc A.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

533-548

EN

Doping, which continues to accompany sport to an even greater extent than before, triggers reactions of which one is legal intervention. This includes an intervention of criminal law taking the form of an increased number of instances of criminalisation of different behaviours connected with doping. Different countries address the problem differently and the practice of fighting doping in sport differs. Criminal law regulations and other legal provisions can sometimes be found in penal codes or other legislative acts specifically adopted to regulate sport. Recently such regulations have increasingly become the subject of special acts on combating doping in sport. The scope of criminalisation of behaviours connected with doping as well as the severity with which they are punished also differ and no wonder that these practices are not free from controversies and doubts. The questions asked include whether there are reasons that constitute grounds for criminalisation of such behaviours, whether the values which are infringed as a result are legal values justifying intervention of criminal law, or whether such practice constitutes the respect that is desired for the principle of subsidiarity of criminal law and criminal liability as ultima ratio. Others challenge the subsidiarity principle of criminal law as the form of a similar treatment under this law of the same or similar behaviours taking place in various spheres of human activity, both in the sense of their criminalisation and the severity with which they are penalised. Hence the problem of reacting to doping with the use of instruments that are available under criminal law for combating organised crime.

20

THE THREAT OF CORRUPTION IN THE ACTIVITIES OF SECURITY FIRMS PEOPLE AND PROPERTY

88%

Czop A., Bil J.

Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje

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2015

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vol. 20(20)

183-205

EN

This study is devoted to the problems of corruption in the entities providing private personal security and property security. The authors indicate that incidents of corruption by companies that prosper in a free market environment show the danger zone of corruption in the aforementioned market environment.

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