Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  nullum crimen sine lege rule
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Content available remote

Granice dopuszczalnej blankietowości w obszarze prawa karnego

100%
Wiśniewski M.
Przegląd Sejmowy
|
2015
|
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.
2

Outside statutory of the factors excluding criminal responsibility - outline of issues

75%
Brzozowski P.
Studia Prawnicze
|
2013
|
issue 4 (196)
179-193
EN
This article is devoted to analyse outside statutory of factors excluding criminal responsibility conception. Nowadays Polish jurisprudence quite widely accepts this one, not based on act conception. Only a few notice the shortcomings of outside of statutory factors excluding criminal responsibility. Nevertheless, not many make this topic on a deeper reflection. The article attempts to collect the views on this subject in existing polish jurisprudence. It should be noted, that this views are fragmented in numerous articles, books and commentaries. Therefore, an assessment of the concept of outside statutory of factors excluding criminal responsibility which releate to: the function of criminal law, nullum crimen sine lege rule, the separation of powers rule, protection the victim rights and the contents of art. 17 k.p.k.. Furthermore, the problem of definiteness constituent elements of outside statutory of the factors excluding criminal responsibility was outlined . It was also presented what behaviors qualify as outside statutory of the factors excluding criminal responsibility by individual representatives of jurisprudence. As a result, the validity of conception of outside statutory of the factors excluding criminal responsibility seems to be fairly questionable.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.