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Karnoprocesowa ochrona małoletniego pokrzywdzonego w sprawach o przestępstwa przeciwko wolności seksualnej i obyczajności — kilka uwag na tle nowelizacji wprowadzonej ustawą z dnia 13 czerwca 2013 r. o zmianie ustawy — Kodeks karny oraz ustawy — Kodeks postępowania karnego

100%
Żylińska J.
Nowa kodyfikacja prawa karnego
|
2016
|
vol. 39
85-105
EN
The article discusses issues linked with the protection of a minor victim in cases against sexual freedom and morality in the context of amendments introduced by the Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act —The Criminal Procedure Code which took effect on 27 January, 2014 and introduced major amendments into the Criminal Procedure Code including the content of Art. 185a of the Criminal Procedure Code regulating the manner of examination of a minor victim who at the moment of the hearing is under 15 in proceedings concerning crimes referred to therein, among other things in the proceedings against sexual freedom and morality. Subject to analysis, particularly in the context of the aforesaid amendments, are the following issues: — scope of application of the regulations of Art. 185 a of The Criminal Procedure Code, — principle of single time examination of a minor victim in cases concerning crimes against sexual freedom and morality, — authority with a legal entitlement to interview a minor victim and other entities participating in the examination, — strategy for interviewing a minor victim in light of the Regulation of the Minister of Justice dated 18 December 2013 on the Preparation of the Interview Carried out in the Manner Referred to in Art. 185a–185c of the Criminal Procedure Code and the rules for recording the examination.
2

Rules and scope of applying means of witnesses and victims protection and assistance according to the victims and witnesses protection and assistance bill

100%
Żylińska J.
Nowa kodyfikacja prawa karnego
|
2015
|
vol. 38
93-102
EN
Combating crime using conventional methods is not always sufficient. Witnesses concerned about their life, health, or other goods do not always want to testify. Therefore, it is very important to ensure the sense of safety and mental comfort while they fulfil the role of a witness. Unfortunately, there are still no comprehensive solutions concerning the means and manner of support which would be regulated within the framework of a legal act aimed at protecting the witness and victim in a situation of risk derived from the provision of testimony charging the offender. Under these circumstances, the fact that on 15th July 2014, at its meeting, the Council of Ministers adopted a draft Act on protection and aid to victims and witnesses whose purpose is to establish comprehensive legal regulations concerning the victims and witnesses whose life and health may be at risk, should be regarded as a positive phenomenon. The subject of this paper is an analysis of the regulations contained in the said Act. The paper focuses on the presentation and evaluation of the means ensuring protection and help which may be applied in the situation of risk to life and health of the witness and the victim. It also discusses the premises and manner for granting the aid as envisaged in the newly drafted act.
3

Biegły psycholog a odebranie i ocena zeznań małoletniego świadka w procesie karnym

100%
Żylińska J.
Nowa kodyfikacja prawa karnego
|
2013
|
vol. 30
155 - 172
EN
Evidence of an underage witness may play a vital role in criminal proceedings in ascertaining the circumstances of an incident. The achievement of this goal is undoubtedly determined by the way a child is questioned — a way that takes into account the procedural and tactical rules of questioning juveniles, bearing in mind the psychological aspects of the formation of underage witness’ testimony. What is also important is a critical approach to its credibility. All this requires active participation of an expert psychologist who can assess the witness’ personality, observation and reconstruction skills, and thus can provide the relevant institution with additional material which can be used to evaluate the credibility of the evidence of an underage witness.
4
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Odpowiedzialność karna biegłego w świetle artykułu 233 § 4 Kodeksu karnego

63%
Filipowska-Tuthill M., Żylińska J.
Opolskie Studia Administracyjno-Prawne
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2014
|
vol. XII
|
issue 3
27-40
EN
Progressing specialization which appears in all domains of life today causes judicial organs to be compelled – to a greater and greater extant – to use the assistance of persons possessing specialist knowledge – expert witnesses. Such a situation causes a continuous rise in the role and importance of means of evidence in the form of opinions rendered by such professionals, and at the same time – settles the question of a judicial body’s efforts to obtain true opinions in the guest for its securing reliability of findings in cases. Bearing in mind the above, the legislator penalizes – in the regulation of Article 233 § 4 Chapter XXX entitled “Przestępstwa przeciwko wymiarowi sprawiedliwości” [Crimes against the Judiciary] of the Penal Code – the act consisting in providing by an expert witness a false opinion which is to meant to constitute a piece of evidence in court proceedings of another type of proceeding conducted on the basis of a legal act. The aim of this paper id to present the principles of responsibility of an expert witness on the basis of Article 233 § 4 of the Penal Code. The authors to this using the legal state on force in the scope of conducted analyses. Furthermore, in their elaboration, they make use of views formulated in the science of criminal law.
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