Search results - CEJSH

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Kilka uwag o odpowiedzialności karnej kierownika podmiotu odpowiedzialnego albo jednostki organizacyjnej takiego podmiotu za naruszenie obowiązku złożenia wniosku o wszczęcie postępowania wyjaśniającego

100%

Ochman P.

Nowa kodyfikacja prawa karnego

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2012

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vol. 28

89-108

EN

The article deals with a relatively new issue of the responsibility of the head of the responsible executive or an organisational unit of it for the breach of the obligation to submit a request for an inquiry. This issue became particularly interesting after the entry into force of the Act on Financial Liability of Public Officers for Gross Violations of Law, due to its introduction into the Polish legal system, a special legal regulation which is the basis for prosecution in this field. The author presents the relationship between the breach of the duty of an administrative obligation and criminal liability of persons obliged to submit a request for an inquiry into the rights of recourse in the case of payment of compensation by the State, unit of local government or other legal entity. The author analyses the problems indicated above, not only from the standpoint of the validity of the adoption of specific dogmatic solutions, but also in terms of their compliance with the rules of the criminal legislation.

2

Bigamia w polskim prawie karnym

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Charko D.

Studia Ełckie

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2012

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vol. 14

485-492

EN

Bigamy is a crime threatening the regularity of family functioning, whose basis, due to the cul-tural tradition and Polish law, makes monogamy marriage. In his article the author presents the origin of the bigamy crime and its statutory hallmarks. It is shown who, in what circumstances, and with fulfilling which conditions, can commit bigamy crime, as well as the statistic depiction of the crime has been presented.

3

Możliwość odebrania zwierzęcia stwarzającego zagrożenie dla życia lub zdrowia osób lub innych zwierząt

100%

Szczepańska-Kulik I.

Zeszyty Prawnicze BAS

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2023

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issue 3(79)

159-166

EN

The proposed amendment to the Animal Welfare Act would add a provision that would allow an animal that poses a risk to human life or health or to other animals to be taken away, as is the case for animals subject to abuse. In the author‘s opinion, the prerequisites for taking away an animal as proposed seem to be too generally defined. “Creating a threat” or the perception of a threat is a subjective circumstance and should not be the only condition for issuing a decision to take away an animal. The Animal Welfare Act provides for the possibility of a forfeiture order, but this can only be made for the act to be criminalised, not for the mere ‘creation of a danger to life or health‘ by an animal.

4

Inflacja normatywna w prawie karnym – rzeczywistość czy złudzenie?

100%

Zgryzek K.

Problemy Prawa Karnego

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2017

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vol. 1 (27)

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issue 1

221-235

EN

The author discusses the problem of excessive normative production in Polish legal system on the example of the changes implemented by amending the Code of Criminal Procedure. The article presents the changes implemented in the particular codes of criminal proceedings, starting with the first code of the independent Poland, the Code of 1928, followed by the amendments to that code, which remained in effect until December 31, 1969, as well as modified normative solutions remaining in effect prior to the change of the political and economic system, and concluding with the Code of Criminal Procedure which came into force on September 1, 1998. Such comparative study of the activity of the Polish Parliament between 1928 and 2017 reveals a severe excessive normative production with regard to criminal law in the recent years. The author argues that any normative changes to code regulations should be implemented only once the regulations subject to change have been tested in practice and have undergone an in-depth discussion in all groups that use the modified norms. As a positive example, the author enumerates the efforts of the Codification Commission of the Criminal Law, which resulted in the amendment of September, 2013, and compares it with the procedure of amending the Code of Criminal Procedure in March, 2016.

5

Czynny żal jako instrument polityki kryminalnej i karnej

87%

Sitarz O.

Archiwum Kryminologii

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2009

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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.

6

Ewolucja regulacji dotyczącej błędu co do znamion typu podstawowego w polskich kodyfikacjach karnych

80%

Lachowski J.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

375-390

EN

The subject of the article is the problem of the mistake of fact in Polish criminal law from historical perspective. It discusses the regulation concerning the mistake of fact in Polish criminal codes of 1932, 1969, 1997 and shows the evolution of this structure. The author puts particular emphasis on the amendments to the section 28th of the Polish Criminal Code of 1997 which were proposed between 2013 and 2015. In the conclusion he criticizes the contemporary shape of the section and gives his own proposal for the amendment in this regulation which limits it only to non-intentional criminal acts and distinguishes properly guilty mind and mens rea which is essential in the light of the normative theory of guilt.

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Nielegalna imigracja z perspektywy występku umożliwienia lub ułatwienia pobytu na terytorium Rzeczypospolitej Polskiej

80%

Filipowska-Tuthill M.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

97-106

EN

This article is devoted to the important and very current problem of immigration, from the perspective of European Union and Polish regulations. This paper analyzes the crime of enabling and facilitating the illegal stay on the Polish territory, where the perpetrator acts for personal or financial gain. The subject here is the protection of public safety and order against unauthorized aliens. Illegally staying in the Republic of Poland, foreigners create a broad spectrum of threats to the state and its citizens (from administrative to illegal employment in organized crime and international terrorism).

8

Zasądzenie odszkodowania z urzędu w procesie karnym

80%

Muszyńska A.

Nowa kodyfikacja prawa karnego

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2014

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vol. 31

73 - 88

EN

The article contains an assessment of ex-officio remedy in the Polish criminal trial. The author, after discussing the nature and presumptions concerning ex-officio remedy, shows doubts of interpretation arose in the background. She also makes an attempt to answer the question whether ex-officio remedy should be removed from the Code of Criminal Procedure, or remain in its present form.

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Trestní právo tradičních domorodých komunit v Peru a jejich metody řešení trestních věcí

80%

Dleštíková T.

Česká kriminologie (Czech Criminology)

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2017

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vol. 2

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issue 2

1-16

EN

The article focuses on the Peruvian native people´s customary law, also called an indigenous or an aboriginal law, which is an informal community or non-state judicial system. Indigenous law systems coexist with the state law system up today and they are recognized by the Constitution as a result of a multinational state organization. This legal situation is called the legal pluralism. The main topic of the article is the indigenous legal regulation in criminal matters and the traditional aboriginal conflict resolution practices which are based on the same principles as the alternative dispute resolution methods; more precisely in the field of criminal law, based on the same principles as restorative justice. There is an importance of a constructive dialog, a communication between the parties and a reconciliation of their relations, an importance of an active participation of the community, a priority of a victim reparation and restitution of the harmony and peace within the community.

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Przestępstwo o charakterze terrorystycznym z punktu widzenia obrońcy

80%

Czarny B.

Studia nad Autorytaryzmem i Totalitaryzmem

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2015

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vol. 37

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issue 4

61 - 72

EN

The article focuses on the problem of terrorist offences. The author examines the topic not from the point of view of the doctrine, but from the point of view of practical considerations, especially the application of regulations in judicial practice. He discusses the basic problems that can arise in connection with judicial practice in terrorism-related cases, taking into account the views expressed so far by scholars in the literature referred to in the article.

11

Sedacja paliatywna i kontrowersje związane z jej stosowaniem

80%

Doroszewska K.

Forum Prawnicze

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2019

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issue 6 (56)

55–72

EN

Sedation in palliative medicine is used to limit a patient’s consciousness, to ease his suffering. This paper discusses basic problems of criminal law related to the procedure of sedation, such as measuring the level of suffering, and methods of treating patients, both in hospital and in-home care. The paper presents similari- ties and differences between sedation and euthanasia, particularly in countries where both procedures are legal. It also considers possible legal consequences of the limitation of the patient’s consciousness, which affects the patient’s ability both to make everyday decisions and to take part in family life, as some theories consider that active participation in social life is important to fulfil one’s needs.

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Sprawa Trynkiewicza a ustawa o nadzorze nad groźnymi przestępcami — na marginesie rozważań o karze śmierci

80%

Debita M.

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne

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2016

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vol. 19

53-67

EN

The overall objective of this article is to present issues related to capital punishment. The paper presents selected international legal instruments on this issue. Thearticle focuses on historic Polish legislation concerning jurisdiction and the use of capital punishment. The subject of capital punishment in criminal law has long been acontentious issue. Capital punishment, its effectiveness, its reliability vis-à-vis rehabilitation and its substitution by another penalty, is analysed herein. In Poland, capital punishment has not been applied since 1988. The last death sentence was carried out in 1979, capital punishment having been removed by the legislature from the Criminal Code in 1997. When considering this issue, it is worthwhile to refer to some statistical data: 1) 96 countries have abolished capital punishment in respect of all crimes; 2) 9 countries have abolished capital punishment for all crimes, with the exception of offences committed in time of war; 3) 34 countries have expunged capital punishment from their penal codes or have ceased to apply it, in practice, within the last decade; 4) 139 states have either not included capital punishment in their regulations or have not used capital punishment; 5) 58 countries still maintain capital punishment in their legislation; 6) in China, capital punishment may be imposed for 55 types of crime; 7) in 2010, at least 17,833 people were living under sentence of death.

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Przestępstwa polityczne w polskiej myśli karnoprawnej doby stanisławowskiej w świetle prospektów Józefa Szymanowskiego i Józefa Weyssenhoffa

80%

Wiązek P.

Prawo

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2015

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issue 319

141 - 153

EN

The article is a continuation of the author’s research, carried out for a few years now, into the criminal law doctrine in Poland in the late 18th century. Drawing on his meticulous study of the sources and competent analysis of the literature on the subject, the author tries to fill the existing gap in the study of criminal law of the Polish-Lithuanian Commonwealth towards the end of its existence as a sovereign state. In this particular case the author explores criminal law proposals of the Great Sejm legislators concerning the regulation of political crimes in the criminal code.

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Zarządzenie o zgodzie na widzenie z osobą tymczasowo aresztowaną

80%

Kalisz T.

Nowa kodyfikacja prawa karnego

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2019

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vol. 51

45-62

EN

A particularly severe restriction of the right of individuals held on remand comes with the normative regulations concerning visit entitlements. As a rule, in the Polish legal order an individual held on remand may be allowed a visit after the authority under whose charge he or she is detained has issued a visiting order. A refusal to issue a visiting order for an individual held on remand to see a close relative is a decision taken in the course of enforcement proceedings for which there is a separate appeal procedure, different from the basic form of control. Special grounds are also provided for such a refusal.

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Pojęcie miejsca stałego pobytu w prawie karnym

80%

Giętkowski R.

Forum Prawnicze

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2018

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issue 1 (45)

35–48

EN

“Permanent place of residence” is one of the most ambiguous notions in criminal law. Its interpretations differ. Moreover, the comprehensive outlook on this notion is lacking in criminal law. At the same time, the range of use of a permanent place of residence notion lastingly extends and its understanding influences among other things the scope of an accused’s duties. Therefore, it is necessary to analyse this notion taking into consideration the cohesion of the criminal law system. The author proposes that the whole criminal law definition of a permanent place of residence be universal.

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O zbędności jednego z typów uprzywilejowanych zabójstwa – dzieciobójstwo w polskich kodeksach karnych

80%

Sekuła K.

Państwo i Społeczeństwo

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2014

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issue 4

39-49

EN

Infanticide is a crime with a very interesting history. Over the centuries infanticide has come a long and complicated evolution under the influence of Christianity – from aggravated type of crime to the privileged one. The Polish penal provisions protect human life from the moment of conception until death. It refers to all people including children. However, children’s right to life is not treated the same way as adults when it comes to committing a murder. In case of infanticide possible sentences are much milder compared to a common murder. In the view of existing Polish legal system the issue of infanticide as a crime privileged raises many concerns on the theoretical and practical basis despite many attempts to treat it as a common murder.

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Warunkowe zawieszenie wykonania kary — geneza instytucji i jej ujęcie w polskim kodeksie karnym z 1932 roku

80%

Pasek A.

Prawo

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2013

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issue 315/2

161 - 173

EN

This elaboration deals with the regulation of the conditional suspension of the execution of a penalty in the Polish Penal Code of 1932. The genesis of the institution, legal provisions in force in Poland before the enactment of the Penal Code of 1932 and the rules contained in the draft prepared by the Section of the Criminal Law of the Codification Committee of the Polish Republic, based on a report prepared by Juliusz Makarewicz, were presented in the article. It has been shown that the institution of conditional suspension of the execution of a penalty in the Polish Penal Code of 1932 was formed on the basis of in-depth considerations, taking into account the achievements of European doctrine of law and legislation. During its regulation not only a popular on the European continent Franco-Belgian system, but also the indigenous experience of the validity of particular laws in the areas previously held by the former partitioning powers was used. The rules of conditional suspension of the execution of a penalty developed by Polish lawyers, constituted an important element in accordance with the demands of sociological individualization school of criminal responsibility.

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Kilka uwag o sposobach rozstrzygania sporów dotyczących sprawczego współdziałania w popełnieniu przestępstwa indywidualnego

80%

Kardas P.

Nowa kodyfikacja prawa karnego

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2017

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vol. 43

191-231

EN

The following research paper is devoted to the analysis of the issue of criminal liability of the extraneus for agential cooperation in committing an individual crime. It sets out to describe the historical concept of the extraneus’ responsibility for his cooperation in committing an individual crime and to further evaluate the fundamental theoretical, criminal, political and dogmatic problems associated with the above mentioned matter. When it comes both to the criminal and political aspects, our analysis focuses on how to justify grounds for criminal liability in cases where the perpetrator of an individual cooperative crime does not fulfi ll the statutory requirements which must be met so as to constitute such an offense. As for the theoretical aspect, it depicts the possible models of solving the extraneous’ liability issue by juxtaposing two mutually exclusive conceptions. First of these is based on the modification of the elements of an individual offense, thus transforming it into a crime that can be perpetrated by any offender (ordinary crime?) in case of agential cooperation. The second one, however, advocates including new elements into the criminal code, the actualization of which will constitute grounds for accepting the extraneus’ liability for cooperation in committing an individual crime without modifying the statutory characteristics of the agential subject. Finally, the dogmatic insights review the current regulations and provisions. To sum up, it is proposed to order the statutory regulations by using and implementing one of the aforementioned theories.

19

Právo a medicína ve vztahu k mrtvým tělům (sebevrahů) na přelomu 18. a 19. století

80%

Liepoldová T.

Historie – Otázky – Problémy (History, Issues, Problems)

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2019

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vol. 11

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issue 1

164-176

EN

This study is based on change of attitude of the state and medicine authorities to the voluntary death in the first half of the 19th century. Cooperation between medical professionals and state authorities in the Habsburg monarchy was increasing (for this process I use the concept of medicalization). I try to show how the legal system cooperated with expert medical science and consequently how the results of autopsies influenced the burial place for the body. Forensic medicine approaches were used to determine the cause of a suicide. Pathological findings (for example bone abrasions — especially in the brain, sedimentation in the skull, too much blood in various organs, adhesions etc.) were considered to be the cause of mental illness and as a result, the authorities tended to blame self-inflicted death on insanity. Based on findings from pathological examinations the state authorities decreed that a death body must be buried in sacred ground. Finally, I want to show this ‘shift’ to medicalization and secularisation of voluntary death (in opposition to the traditional attitude toward self-murder) on several specific cases in regions of Litoměřice and Mladá Boleslav in the Kingdom of Bohemia.

20

Analiza przepisów penalizujących finansowanie terroryzmu w polskim prawie karnym

80%

Palka K. J.

Forum Prawnicze

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2019

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issue 5 (55)

53–68

EN

This article concerns the regulation of the offence of financing terrorism. The text in a condensed and comprehensive way presents the evolution of this provision, its interpretation, as well as the impact of European regulations on it. The first chapter is a brief introduction. The second part describes the criminalization of these behaviors in the Polish Penal Code (Article 165a of the Penal Code). The last one is a short summary and a proposal of changes de lege ferenda.

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