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Czynny żal jako instrument polityki kryminalnej i karnej

100%
Sitarz O.
Archiwum Kryminologii
|
2009
|
issue XXXI
159-172
EN
The object of the analysis are the institution known in the criminal law as active repentance and other similar normative institutions, which are sometimes referred to by scientists as active repentance in its broad sense or as quasi-active repentance. I was interested in the behavior of the perpetrator after commitment of an offence as a factor affecting the extent of perpetrator’s criminal liability in the context of criminal and penal policy (legally permissible modification of criminal responsibility in individual cases). Even a brief review of the institutions of active repentance in the Polish criminal law (regulated in the general and specific chapters of the Penal Code) allows to state that there is no uniformity, consistency, and rationality in shaping of this substantial instrument of criminal and penal policy. Sometimes one may have an impression that the issue of active repentance was regulated quite accidentally, not as a part of the comprehensive, rational criminal policy pursued by the entire criminal justice system. Since the key question is whether the established and accepted objectives and functions of punishment and / or criminal law can be achieved without a punishment, therefore the first part of the article is devoted to theories and functions of the penalty in conjunction with the reasons and functions attributed to active repentance. The different functions of an active repentance – to increase the efficiency – require some specific element in the design of this institution to be taken into consideration. These variables may be: if the benefits gained by the repentant are facultative or mandatory, the extent of the benefits, additional requirements imposed on the offender related to his conduct, an indication of a shorter or longer time limit to meet the statutory requirements and / or conditions related to repentant’s motivation, directory of the deeds in which the perpetrator can use the benefits arising from his active repentance, and indirectly also the place and method of regulation. Whether these variables should include consent of the victim, with all its consequences, probably also needs to be taken into consideration. Referring to the presented features of active repentance, by operating with the indicated variables, one can attempt to construct a variety of models of active repentance appropriate for performance of specific functions. Assuming its preventive function, active repentance should be provided for the widest range of crimes possible. Preferably, active repentance should be described clearly and precisely in the general part of the Criminal Code. Benefits provided for the accused person should be as wide as possible and always obligatory. Effective preventive function enforces the need to spread this instrument, especially the profits associated with it.
2
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Active Repentance as an Incentivizing Tool of Criminal Law: Ukrainian Model

81%
Mishchenko E.
Krakowskie Studia Małopolskie
|
2021
|
vol. 2(30)
97-109
EN
The article analyses the Ukrainian model of active repentance in criminal justice through the lens of restorative justice. Restorative justice has incrementally attracted the increasing attention of scholars, legislators, and policymakers across the globe. Ukrainian criminal legislation, representing a combination of post-soviet and Western approaches to criminal justice, offers a remarkable experience. Unlike many other Western European countries, the Criminal Code of Ukraine creates a strong incentive for an offender to show remorse at every stage of his interaction with the criminal justice system: during the pre-trial inquiry, throughout the trial, while serving punishment and even after the punishment while subjected to certain limitations (criminal record). At every stage, active repentance of an offender triggers/might trigger the possibility of leniency. This leniency might result in a release from criminal liability, mitigation of the imposed punishment, release the convict on parole or early expungement of collateral consequences of a criminal conviction, etc. The Criminal Code of Ukraine does not provide a clear demarcation of active repentance. Instead, the law defines it through the inexhaustive list of behavior patterns in which it manifests itself. This approach enables judicial discretion and reduces the formality in the assessment of the acts of an offender. The main shortcoming of the Ukrainian approach to active repentance is that the reconciliation between the offender, the victim, and the wider community is being advanced poorly.
3
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Granice usiłowania nieudolnego ze względu na brak przedmiotu czynności wykonawczej nadającego się do popełnienia na nim czynu zabronionego

58%
Łakomy K.
Zeszyt Studencki Kół Naukowych Wydziału Prawa i Administracji UAM
|
2018
|
issue 8
89-103
PL
Artykuł stanowi próbę wskazania prawidłowej wykładni znamienia przedmiotu nadającego się do popełnienia czynu zabronionego, która jest niezbędna do wyznaczenia granicy między usiłowaniem udolnym oraz nieudolnym. Autor kompleksowo omawia argumentację przemawiającą za obiektywistyczną i subiektywistyczną koncepcją wykładni analizowanego znamienia. Szczególna doniosłość zagadnienia odnosi się do wymiaru kary oraz zasad zastosowania instytucji czynnego żalu. W podsumowaniu autor omawia najnowszą uchwałę Sądu Najwyższego dotyczącą omawianych kwestii poprzez próbę wyinterpretowania zasad określania nieudolności usiłowania ze względu na przedmiot czynności wykonawczej.
EN
The article provides for an attempt to present the appropriate interpretation of the criteria of lack of an object suitable for committing a prohibited act., which is indispensable to set the limit between inept and successful attempt. In a comprehensible manner, the author exhibits an overview of the adversative conceptions represented in the doctrine of Polish criminal law, which are objective and subjective concepts. Particular importance of this issue is related to the scope of punishment and the rules of applying the concept of active repentance. In the summary, the author discusses over the most recent resolution of the Supreme Court regarding the issue in question, by way of interpreting the rules of describing inept attempt due to the object of action.
4
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O szpiegostwie w ustawodawstwie karnym II Rzeczypospolitej

58%
Hoc S.
Opolskie Studia Administracyjno-Prawne
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2012
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vol. X
|
issue 1
35-47
EN
The subject of the considerations is a presentation of the legal regulation of espionage in the legislation of the Second Republic of Poland. The author begins them with a concise analysis of the regulations of the penal codes of the former occupying states which were binding until the settlement of the Polish regulations. Then the codifying works undertaken by the Codification Commission, whose result was the Penal Code of 1932 are mentioned. The author proceeds to analyze the regulations contained in the ordinance of the President of Poland concerning punishments for espionage and other crimes against the state of 16 February 1928, as well as those in the ordinance of the President of Poland relating to certain crimes against the security of the state of 24 October 1934. Data concerning prosecution and punishment for espionage in the Second Republic of Poland were also presented.
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