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Rozważania o społecznej szkodliwości czynu na podstawie art. 497a Kodeksu wyborczego. Teoria i praktyka

100%
Zych R.
Przegląd Sejmowy
|
2021
|
issue 1(162)
147-159
EN
The purpose of this article is to answer the question whether the assessment of the degree of social harm of offences against elections can be determined by their hierarchy established on the basis of the systematics of the specific part of the Penal Code. The aim of the study is to show the phenomenon of carrying away ballot papers and to assess the degree of social harm of the act. The reports of the National Electoral Commission on the 2019 elections to the European Parliament and on the 2019 elections to the Sejm and Senate of the Republic of Poland were examined with regard to improper handling of the ballot papers. In addition, the decision of the Supreme Court of 2019 resolving the electoral protest based on the allegation of violation of Article 497a of the Electoral Code was analysed.
2
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Kryteria rozgraniczania przestępstw i wykroczeń

100%
Kowalski K.
Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland
|
2014
|
issue 2
11-22
EN
The aim of this article is to defi ne boundaries between crime and misdemeanours. The reference point for discussion are provisions of the Codes as well as out of them. First discussed part presents three main European models of responsibility for the misdemeanours (French, Austrian and German) and stages of development of the law on misdemeanours in Poland. The second part concerns strict criteria for delimiting areas of crime and delinquency. Particular attention is given to the following issues: decision-making body, breach or threat different to the penalty, the adjudicating authority, violating the legal interests, criminal threats and the degree of social harm. One of the conclusions of the thesis is the absence of the present possible solutions to the dispute over the qualitative or quantitative difference between the offenses
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