The article describes a reform of material criminal law based on perspective of legal doctrine, practice of jurisdiction and prosecution, as well as management of the system of criminal law. It is based on the experiences from legislation procedure that has led to a new law enacted. The author indicates the differences between concepts of Criminal Law Codification Committee and possibilities of the legislation project.
There are few methods used by criminal lawyers determining how they approach to criminal provisions and final outcome in the procedural issue of being or not being held responsible for one’s conduct. It might be illustrated that the main characteristic is something close to osmolarity of deeds that are close but not directly in the scope of criminal provision. In Poland it is determined by the culture of reasoning founded in the dark times of communism and afterwards simply retranslated to new democratic concepts. The author asks a question how legal dogmatics in criminal law may be the vehicle of individual guarantee to be held not guilty. According to the author this is the beginning to question the system, not the final word.
In this article, the authors discuss the problem of post penal detention in the context of a newly enacted law regarding dangerous individuals. The act was passed by the Polish Parliament in October 2013 following the intense discussion about serious criminals who are to leave prisons as a consequence of the Amnesty Act of 1989. The authors try to find the limits of potential post penal measures, bearing in mind the standards of the European Convention of Human Rights and other aspects of contemporary criminal law theory. After, they analyze the abovementioned act and its accordance with the requirements of the European Tribunal of Human Rights. The authors discuss the nature and aim of post penal detention, asking fundamental questions about the role of the State and the limits of law when human rights clash with the security of society.
The article presents the main features of a draft regulation on the establishment of a European Public Prosecutor’s Office (EPPO). In this review, the authors analyze the aforementioned project of the European Commission, taking into account the special circumstances of the so-called procedure of yellow card, as it raises a question about the future direction of the legislation process. The authors analyze the legal character of the institution, and its relations with national legal orders and other EU bodies eg. Eurojust. Moreover, the authors try to show the legal and political context of the draft regulation, asking the questions about possible problems and doubts they see in the project.
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.