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Granice dopuszczalnej blankietowości w obszarze prawa karnego

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Wiśniewski M.

Przegląd Sejmowy

2015

issue 6(131)

59-69

The article deals with blanket norms and nullum crimen sine lege rule. The fi rst major problem, discussed by the author, were the reasons for enabling the use of a blanket provision in common criminal law. Pursuant to Article 42 (1) of the Constitution of the Republic of Poland, an act is only punished if criminal liability had been established by Parliament (by means of a statute) before the act was committed. Because inconsistent with Constitution are blanket regulations reference in the aggregate to other sources of law. Wherefore, the author critically examines the judgments of the Constitutional Tribunal. Furthermore, in the literature of the subject accepted is that blanket provision refer to uncodifi ed sources of law. In this matter the author took a different position, because an act is only punishable if offender broke the promulgated law. This interpretation is supported by the nullum crimen sine lege rule.

PROBLEM OF NOTIFICATION OF TECHNICAL PROVISIONS IN ACCORDANCE WITH THE LAW FROM 11TH OF NOVEMBER 2009 ABOUT THE GAMES OF CHANCE

100%

PAWŁOWSKI J., PAWŁOWSKA M.

Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje

2017

vol. 26(26)

229-253

Object The aim of the article is pointing and presenting methods connected with the usage and the interpretation of the European Union law in accordance to colliding with it Polish law, regulating the games of chance to 3rd of September 2015. Moreover in the paper the problem of possibility of determining the criminal responsibility of the persons establishing or arranging the games of chance in accordance with the Article 107 § 1 of Polish Criminal Fiscal Code and the provisions of the law about the games of chance was presented. Introduction Entering into force the law from 19th of November 2009 about the games of chance instead of terminating the notion of administrative limitations of economic activity in the scope of games of chance caused enormous problems with its usage. Another issue which emerged was the lack of notification of technical provisions (among others refering to the products offered by enterpreneurs), what effected also the lack of possibility of establishing the criminal responsibility of persons establishing or arranging the games of chance. Methodology In research two principal methods of analysis of law were used: the linguistic and logical interpretation of legal provisions, case law and jurisprudence, as well as the sociological method by the observation (analysis and results of cases conducted by authors as attorneys in criminal cases in the subject of establishing or arranging games of chance without the required concession or licence – Article 107 § 1 of Polish Criminal Fiscal Code). Summary Framing of criminal responsability in accordance with the blanket provisions (Article 107 § 1 of Polish Criminal Fiscal Code) does not meet the requirements of transparency and certainty of law. Thus it would be reasonable to reconsider the reformulation of the principles of the criminal fiscal responsibility for illegal establishing or arranging the games of chance.

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1 Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje

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1 PAWŁOWSKA M.

1 PAWŁOWSKI J.

1 Wiśniewski M.

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Granice dopuszczalnej blankietowości w obszarze prawa karnego

PROBLEM OF NOTIFICATION OF TECHNICAL PROVISIONS IN ACCORDANCE WITH THE LAW FROM 11TH OF NOVEMBER 2009 ABOUT THE GAMES OF CHANCE