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1

HARMONIZATION OF CRIMINAL LAW IN THE EUROPEAN UNION - OFFENCES RELATED WITH PAYMENT CARDS

100%
Adamski A.
Studia Prawnicze
|
2006
|
issue 4(170)
90-102
EN
The focus of this paper is on implementation of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (FD) by the member states (MS) and its harmonization effects. The main findings of the analysis based on the Commission evaluation reports, national criminal legislation and available literature are the following: 1. Majority of member states did not manage to transpose the FD on time. Due to missing reports form some MS it is not possible to state how many countries have not implemented the FD at all. However, it is clear that Poland has been one of them. 2. The FD had limited influence on the harmonization of MS' penal law. 3. The FD had the biggest influence on counterfeiting of payment cards, and in case of payment card theft or another unlawful card appropriation the influence was relatively insignificant. 4. Criminal legislation of MS is currently better harmonized that it was before 2001. Nevertheless, the differences in the legal systems of individual countries are still present both on the horizontal and vertical levels of penalisation. 5. The differences in the scope of criminalisation of acts under study concern the payment cards. 6. Significant differences in the severity of criminal sanctions between MS concern mainly counterfeiting of payment cards, and are the result of conservative criminal policy which considers payment card as an equivalent of money. 7. Without solid transposition of framework decisions at the national level the harmonization of criminal law in the MS will remain a political slogan rather than a sign of actual tendencies for integration within the European Union.
2

TEORETICKÉ VÝCHODISKÁ MEDZINÁRODNEJ JUSTIČNEJ SPOLUPRÁCE V TRESTNÝCH VECIACH

100%
Bednár D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
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vol. 101
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issue 2
165 – 180
EN
The paper deals with analysis of international judicial cooperation in criminal matters and its various institutes, subjects and basic principles. It defines the relationship between international and national law, and internal and external sovereignty of the state. It refers to the difference between international criminal law and internationalized criminal law. It states that the objectives to pursue international legal assistance in criminal matters are the same as those of criminal law at all.
3

Zoroastrian penal law III: the impact of Modernity

80%
Jany J.
Tarsadalomkutatas (Social Science Research)
|
2006
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vol. 24
|
issue 3
455-467
EN
In the third and last essay concerning Zoroastrian penal law the impact of modernity is the point of interest. After the demolition of a Zoroastrian state in Iran Zoroastrians became the subjects of the Muslim rulers. Following mass conversions Zoroastrianism was now in defence which modified also the role of criminal law in everyday practice. Although the ancient wisdom of Zoroastrianism was maintained during the centuries, the delicate distinctions in criminal terms and legal theory eclipsed. The religious and judicial tradition was embodied and carried on in a literary genre called 'rivayat'. The modern period bears witness to the disappearance of priestly authority in penal law, and the rising of a corporate judging body called 'panchayet' in India. Although these organs still exist today, their relevance in penal jurisdiction has vanished. Nowadays penal law does not play a vital role in debates among Zoroastrians, it was replaced by other important questions of modernity.
4
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Czy prawo widzi różnice? – ocena polskiego stanu prawnego przy aktualnym zróżnicowaniu kulturowym i religijnym polskiego społeczeństwa

80%
Kleczkowska A.
Pogranicze. Studia Społeczne
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2013
|
vol. 22
104-119
EN
First part of the article deals with the legal regulations which approach the issue of cultural and religious diferentiation, analyzing the Polish Constitution and statutes. It is proceeded by general data about structure of Polish society in terms of ethnics and religion. Te second part focuses on criminal law rules, especially the Executive Penal Code. It includes the results of the poll conducted in the penitentiaries which was aimed at assessing how Polish criminal law copes with cultural diferences.
5
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Czynności przygotowawcze w sprawach kryminalnych rozpoznawanych przez sądy miejskie w Polsce XVI-XVIII wieku

80%
Mikołajczyk M.
Z Dziejów Prawa
|
2011
|
vol. 4(12)
27-49
EN
The towns of the pre-partition Poland were governed by a separate law, the so called Ger- man law which between the 16th and 18th centuries already differed a lot from its Magdeburgian prototype. The criminal trial used in these towns, despite some influences of the inquisitional proceedings remained the features of the plaint-contradictory procedure. The trial, in principle, started from lodging a plaint by a person in question. Thus, one can ask a question on initial and preparatory activities preceding court proceedings, examine who initiated and conducted them. The studies covered the practices of selected towns in Małopolska. It turns out that the very little information on preparatory activities conducted before the plaint was lodged is available. Thus we can assume that a small number of source information relates to the poverty of the initial activities themselves. They were most often boiled down to individual actions, aiming at, for instance, detecting the criminal and his/her capturing. In addition, only a part of them was introduced by the court, the other was taken at the request of private people and there were also the ones introduced without the engagement of a public factor. Probably, only a part of them was inquisitive in nature. What is more, we hardly notice more developed forms of proceedings which covered dif- ferent activities mutually complementing one another. Law and municipal practice clearly did not manage to shape a preparatory proceeding preceding a court trial. Instead, only its elements appeared in the form of different, often completely informal, activities.
6

TEORETICKOHISTORICKÝ POHĽAD NA PREZUMPCIU NEVINY V TRESTNOM KONANÍ

80%
Jalč A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
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vol. 96
|
issue 1
24 – 34
EN
This paper analyzes the principle of presumption of innocence, which means that, in criminal proceedings, anyone against whom criminal proceedings are held is deemed innocent until found guilty by a court rendering a final judgment of conviction. This principle is enshrined in Section 2(4) of the Code of Criminal Procedure. The principle of presumption of innocence is closely intertwined with the principle of presumption of an honest person (presumptio boni viri), which is applied in Anglo-American procedural law and construed as a principle that everyone is deemed honest unless proven otherwise. Today, the presumption of innocence is enshrined in many international instruments, e.g. in Article 11(1) of the Universal Declaration of Human Rights and in Article 6(2) of the European Convention on Human Rights and Fundamental Freedoms. It is expressed also in Article 50(2) of the Constitution of the Slovak Republic.
7

K TRESTNOSTI PRECHOVÁVANIA EXTRÉMISTICKÉHO MATERIÁLU PODĽA § 422C TRESTNÉHO ZÁKONA

70%
Honz T., Kováč P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
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vol. 105
|
issue 4
327 – 341
EN
The exercise of freedom of expression includes freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. However, the exercise of freedoms in the democratic society may be subject to conditions, restrictions or penalties as are prescribed by law to protect national security, territorial integrity or public safety or for the prevention of disorder or crime. The authors present their arguments for the maintaining the criminalization of extremist material possession and criminal offense of possession of extremist material pursuant to section 422c of the Criminal Code. Preservation of extremist material confirms the perpetrator the extremist ideas are correct and may incite further extremist crime. By analysing the extremist hatred and presenting specific court decisions the authors propose to retain the status quo.
8

K NIEKTORÝM ASPEKTOM ÚČINNEJ ĽÚTOSTI V NADVÄZNOSTI NA PROGRAM LENIENCY

70%
Kurilovská L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
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vol. 95
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issue 1
66 – 79
EN
The author of the present article deals with the business economic environment with links to criminal law unexplored, but due to the area to which it relates, very timely. Leniency program or leniency program in this paper consistently analyze and explained with emphasis on all aspects of the legislation and policies in connection to criminal and commercial law.
9

ANALÓGIA V SPRÁVNOM TRESTANÍ A JUDIKATÚRA NAJVYŠŠIEHO SÚDU SLOVENSKEJ REPUBLIKY

70%
Kukliš Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
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vol. 97
|
issue 5
456 – 469
EN
There is neither a unified catalogue of administrative sanctions nor a unified code of their application in the Slovak legal system. While the non-existence of such a catalogue is understandable, considering the multitude of areas regulated by administrative law, the absence of a code of application cannot be similarly justified. The Supreme Court of the Slovak Republic attempts to overcome this problem through analogous application of criminal law institutes also on the process of imposing administrative sanctions - that is on situations for which these institutions weren’t conceived. This article analyses conditions under which the analogy in the area of administrative sanctioning should be allowed and warns of the risks involved in the flat imposition of criminal law procedures in the sphere of administrative sanctions.
10

EUROPEAN UNION AND THE FIGHT AGAINST EXTREMISM (Europska unia a boj proti extremizmu)

61%
Zahora J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 5
448-456
EN
The author refers to the activities of the European Union aiming the fight against racism and xenophobia. It puts stress on the framework decision on the fight against certain forms and manifestations of racism and xenophobia through the criminal law that was adopted by the Council on 28 November 2008. In the analysis of the framework decision he defines criminal acts related to the racism and xenophobia and refers to other obligations related to a transposition of this framework decision. In the following section he deals with the implementation of obligations resulting from the framework decision in the conditions of the Slovak Republic. The author refers to the most important changes that were reflected in the criminal law and argues these changes. He points out to incomprehensibility, ambiguity, terminological inconsistency of the law and the violation of the principle of legal certainty, as well as to technical errors made in the legislative process.
11

GENÉZA VZÁJOMNÉHO UZNÁVANIA JUSTIČNÝCH ROZHODNUTÍ V TRESTNÝCH VECIACH V EÚ

61%
Klimek L., Klimek R.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 3
271 – 292
XX
Nowadays, the judicial co-operation in criminal matters in the EU will be based on the mutual recognition of judicial decisions in criminal matters in the EU. The paper deals with the genesis of the concept. The development of the mutual recognition idea has been gradual process. First, the paper introduces the general knowledge concerning the mutual recognition as a common concept of EU law and its impact in the area of Criminal law. Further, it is focused on its development in the field of judicial co-operation in criminal matters in the light of European Council political documents and relevant EU programmes. In order to implement the mutual recognition a number of legislative instruments have been adopted. The paper analyses early legislative instruments, i.e. the Framework Decision on the European arrest warrant and the Framework Decision on the execution in the EU of orders freezing property or evidence. Moreover, it analyses their testing. Subsequently, the paper deals with other instruments involved in the development of mutual recognition. In the end, it introduces the impact of the Treaty of Lisbon on mutual recognition and its current position in the EU primary law. Naturally, it does not leave out of consideration current development. The paper presents as well newly introduced legislative proposal of instruments implementing the principle of mutual recognition in the EU.
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