Search results - CEJSH

1

fMRI Lie Detection Validity and Admissibility as Evidence in Court and Applicability of the Court’s Ruling to Polygraph Testing

100%

Matte J. A.

European Polygraph

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2013

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vol. 7

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issue 4(26)

191-198

2

The Distinctive Characteristics of Commercial and Investment Arbitration Proceedings: Lex multiplex, universa curiositas, ius unum?

100%

Czech K.

Polish Yearbook of International Law

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2015

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vol. 35

293-324

EN

The thrust of this article is to examine a contemporary international arbitration process in commercial and investment cases, specifically the interplay of common law and civil law elements in the taking of evidence. It begins with a survey of the provisions of the most popular international arbitration instruments, including international arbitration rules and IBA Rules on the Taking of Evidence in International Arbitration. Following the discussion of some relevant examples of international arbitration instruments, the author tries to answer the question whether these instruments, in their current form, support the popular thesis that the international arbitration process has become largely harmonized. In trying to verify this thesis, the article also goes beyond the text of international arbitration instruments and considers the influence of the cultural biases of international arbitration actors.

3

Does the Law Circumvent Justice from Being Served?

100%

Amsel T. T.

European Polygraph

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2018

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vol. 12

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issue 2(44)

53-57

4

Biegły psycholog a odebranie i ocena zeznań małoletniego świadka w procesie karnym

100%

Żylińska J.

Nowa kodyfikacja prawa karnego

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2013

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vol. 30

155 - 172

EN

Evidence of an underage witness may play a vital role in criminal proceedings in ascertaining the circumstances of an incident. The achievement of this goal is undoubtedly determined by the way a child is questioned — a way that takes into account the procedural and tactical rules of questioning juveniles, bearing in mind the psychological aspects of the formation of underage witness’ testimony. What is also important is a critical approach to its credibility. All this requires active participation of an expert psychologist who can assess the witness’ personality, observation and reconstruction skills, and thus can provide the relevant institution with additional material which can be used to evaluate the credibility of the evidence of an underage witness.

5

Phenomenology of Evidence: Promises, Problems, and Prospects

100%

Heffernan G.

Dialogue and Universalism

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2015

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issue 3

9-24

EN

According to Ricoeur, phenomenology is “for a good part the history of Husserlian heresies.” In this paper, I argue that, at the crossroads between a possible “topography of heresies” and a potential “geography of horizons,” phenomenology of evidence takes “the road to renewal” in pursuit of knowledge of knowledge and truth about truth. In doing so, I suggest that phenomenology of evidence is not “heresy” against “orthodox” or “analytical” theory of knowledge. Rather, in so far as it is required by a phenome-nological description of knowledge, phenomenology of evidence represents critical heterodoxy in the face of dogmatic orthodoxy. As such, it serves as a first step on “the road to renewal” of reflection on truth. Thus phenomenology of evidence emerges as one of “the many faces of contemporary phenomenology,” and as a very bright one indeed. In support of this position, I present arguments in the form of ten lessons from phenomenology of evidence for contemporary theory of knowledge.

6

Polygraph Examination in Criminal Cases. Current Polish Practice. A Critical Study

100%

Widacki J.

European Polygraph

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2012

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vol. 6

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issue 4(22)

249-256

7

Results of Polygraph Examinations: Direct or Circumstantial Evidence?

100%

Widacki J.

European Polygraph

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2014

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vol. 8

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issue 2

61-67

8

Disclosure of Evidence in Central and Eastern European Countries in Light of the Implementation of the Damages Directive

100%

Druviete I., Jerņeva J., Ulaganathan Ravindran A.

Yearbook of Antitrust and Regulatory Studies

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2017

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vol. 10(15)

197-222

EN

The article looks primarily at the material comprised in the volume edited by A. Piszcz, Implementation of the EU Damages Directive in Central and Eastern European Countries published in 2017 and based on that compares aspects of the disclosure of evidence issue in Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. The purpose of this article is to look into how the process for the disclosure of evidence has evolved in eleven countries of the European Union in light of Directive 2014/104/EU. The article looks at six key issues with regard to disclosure of evidence in light of Directive 2014/104/EU: general procedural issues; procedure for the submission of evidence; criteria for the disclosure of evidence; restrictions on the disclosure of evidence; disclosure of evidence by parties other than the defendant; and consequences of the failure to comply with a request to submit evidence. The article relies on primary data from eleven EU countries from Central and Eastern Europe.

9

Evidence from Artificial Intelligence in General Administrative Procedure

100%

Dubiński Ł.

Adam Mickiewicz University Law Review

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2022

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vol. 14

251-280

EN

Artificial intelligence is becoming an element of everyday life, and also a part of administrative proceedings. The legislator systematically adds regulations that allow public administration bodies to use artificial intelligence. At the same time, the Code of Administrative Procedure has not been amended in this respect. The article tries to establish what artificial intelligence evidence is. In addition, the issue of whether the rules on administrative evidence should be changed to cover the use of AI evidence is examined.

10

Niezdolność świadków do spostrzegania lub komunikowania spostrzeżeń w postępowaniu administracyjnym i w postępowaniu podatkowym

88%

Paduch A.

Forum Prawnicze

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2018

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issue 2 (46)

78–95

EN

The study discusses main issues arising from the regulation of witnesses’ incapa- bility of perception and communication of observations under Polish administra- tive and tax proceedings. The proper collecting of evidences is the core matter of administrative and tax proceedings. In cases where hearing witnesses is necessary, identifying a group of persons capable of testifying is a key element in order to guarantee proper factual findings. Polish procedural law, administrative and tax law in detail, defines this circle by establishing groups of people who are inca- pable of testifying. The key group of persons incapable of testifying consists of those who are unable to perceive or communicate their own observations. That wording, used in the regulation of the Polish Code of Administrative Proceedings and Tax Ordinance, is inexact. In order to specify the group covered by the scope of this provision it is necessary to use not only textual, but also substantive interpre- tation. It is important to highlight that an interpretation of Polish administrative and tax proceedings in the area of capability to testify includes international treaties and the Universal Declaration of Human Rights, the UN Convention of Rights of Persons With Disabilities, and the UN Convention of Rights of The Child. The interpretation should also include science and medicine results.

11

Zasada prawdy obiektywnej w administracyjnym postępowaniu dowodowym

88%

Muzyczka K.

Civitas et Lex

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2016

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issue 3(11)

40-45

EN

Public administration bodiesare obliged to take all the steps required for a accurate explanation of the facts. According to the concertization of the principle of objective truth, the public authority is obliged to exhaustively collect and consider all the evidence.

12

Dowodzenie w sprawach o zabójstwo bez ciała — zarys problematyki

88%

Solodov D.

Nowa kodyfikacja prawa karnego

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2020

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vol. 56

41-56

EN

Homicide cases in which the perpetrator succeeds in disposing the body or due to the other factors the investigators are unable to locate the victim’s body, its remains can be referred as the most difficult, due to a large number of practical investigative and evidence-related challenges. However, there have been many cases where the perpetrators were not only identified, but successfully sentenced as well. The prosecution in such cases could succeed on the condition that it would manage to establish an impeccable, logical, and coherent line of events. To handle this task, it must be able to prove beyond reasonable doubt that in light of the evidence gathered in the case, murder is the only possible explanation and the defendant, not the other person, committed (was responsible for) this crime. The author provides an overview on the literature and selected criminal cases to systemize valuable experiences and to lay down some basic principles and valuable recommendations which can contribute to a better understanding of the process of proof in such types of criminal cases, its scope and internal logic.

13

„But none can drive him from the envious plea / Of forfeiture, of justice and his bond”: Shylock’s Bond, Playing Hardball, and the Law of Remedies in The Merchant of Venice

88%

Barksdale-Shaw L.

Zagadnienia Rodzajów Literackich

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2013

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vol. 56/111 z. 1

99-120

EN

This paper submits that in Shakespeare’s The Merchant of Venice, „this merry bond” (1.3.169) becomes the central artery through which the fates of two friends, Antonio and Bassanio, become intertwined, and Shylock’stragically falls, thereby illustrating how this written evidence functions to disassemble contractual relationships, rather than serve as a prohibition against the commercial corruption, as provided in the Fraudulent Conveyance Act (1571). The essay explores the nature of settlement negotiations and the disparate conditions of bargaining powers by the parties — those which represent the state’s interests and those which represent individual interests. Here, this analysis focuses on the attempts in the play to devalue the trustworthiness of written evidence, particularly contracts, presented at a time where the early modern courts emphasizes the reliability of such evidence, and demonstrates how interpersonal communications intervene as vital legal vehicles within this society.

14

Ecological and Judicial Expertise in Criminal Proceedings Against the Environment in Russia

88%

Solodov I.

Internal Security

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2019

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vol. 11(2)

75-83

EN

Environmental expertise plays a special role in the course of the investigation of environmental crimes. Its main task is to recreate the mechanism of the incident, established the causation link, as well as determine the scale the negative impact on the environment and the measures to restore its original state. The author discusses the current practice of the environmental expertise in the Russian Federation. In Russia the experts from the state or private laboratories can be appointed to assist the investigator and the court in performing their tasks. The problem is that there is no commonly accepted expert methodology in a case of environmental offences. While the state experts can be expected to apply the standardised methodology approved by the Russian Centre of Forensic Expertise in Moscow, their colleges from the private sector are free to use any methods they consider as appropriate depending on the circumstances of the case. Unfortunately, in Russia, as well as in Poland, there are no effective control mechanisms to ensure that the methods applied and the data used by the experts are scientifically valid. It means that the obtained results are no always reliable and accurate. Another problem referred to the difficulties of the damage assessment in such cases. The dynamics of the environment, the complicity of the relations between its elements makes it extremely hard to assess the scale of the negative impact, as well as to establish the causation link between the human’s actions or negligence and observed changes.

15

Prywatna opinia biegłego na tle pozycji konsultanta technicznego strony we włoskim procesie karnym

88%

Smarzewski M.

Forum Prawnicze

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2020

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issue 1 (57)

58–71

EN

The paper considers issues referring to the institution of private expert opinion in criminal proceedings in the context of the possibility of its evidentiary use in it. The author paid attention to the objectively negligible value of the analyzed evidence, which is closely related with its kind of detachment from the source from which it comes, including limited possibilities to verify such evidence. Authors of private expert opinions do not formally participate in the proceedings. For these reasons, the article presents the institution of the technical consultant of the party functioning on the basis of the Italian criminal procedure, arguing that the introduction of such an entity to the category of participants of the Polish criminal process could be a remedy for problems and controversies related to the participation of experts supporting the parties. By this, parties and their representatives could have more realistic impact on the content of the findings in terms of circumstances, the settlement of which requires special knowledge.

16

Selected Issues of the Burden of Proof in Polish Civil Proceedings

88%

Nepelski P.

Studia Iuridica

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2016

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vol. 68

207-218

PL

The burden of proof is a major part of the way in which the litigant in Polish civil procedure goes to favorable judgment for him or her. It may be difficult in certain situations therefore, the lawgiver introduced the presumptions. On the other hand, civil procedure has also evidence obstructions, particularly applied to the evidences named by the Code of Civil Procedure. This article shortly introduces the issue associated with it.

17

Selected Issues of the Burden of Proof in Polish Civil Proceedings

88%

Nepelski P.

Studia Iuridica

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2016

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vol. 68

207-218

PL

The burden of proof is a major part of the way in which the litigant in Polish civil procedure goes to favorable judgment for him or her. It may be difficult in certain situations therefore, the lawgiver introduced the presumptions. On the other hand, civil procedure has also evidence obstructions, particularly applied to the evidences named by the Code of Civil Procedure. This article shortly introduces the issue associated with it.

18

Discussion of „lack of delay” as grounds for inclusion of late allegations and evidence pursuant to art. 207 § 6 and 217 § 2 of the polish code of civil procedure

88%

Karolczyk B.

Studia Prawnicze

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2012

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issue 1 (190)

123-147

EN

Polish Code of civil procedure („CCP”) has traditionally, following the Austrian tradition of “social model of litigation”, placed the responsibility for the swift resolution of a civil dispute on a judge. Thus, judicial case management has been the second main doctrine, aside from the doctrine of concentrated proceeding, that has been utilized in ensuring that justice in done without unreasonable delay. Simultaneously, both of these systems adopted the rule, introduced by French Code of civil procedure of 1806, that parties are allowed to make allegations and introduce evidence until the very end of the main hearing (trial). Under Polish law this rule was eliminated only in special proceedings for commercial matters, which will be abolished effective May 3, 2012, where the principle of preclusion (Präklusivprinzip) was introduced over 10 years ago. This rule, and its essential component, the principle of eventuality or contingent cumulation (Eventualmaxime), required parties to provide full account of allegations and evidence in their respective pleadings (complain and answer), including those that might only potentially come into play. Failure to comply with this requirement rendered allegation or evidence late, and thus the court was oblige to ignore them, save two limited circumstances. The practical effect of this rule was problematic. Some time ago is was noted that the regular proceedings lacked a general provision that would underline the parties’ responsibility for the effective conduct of litigation and special rules that would stimulate them to make allegations and submit evidence as early as possible. One of the primary purposes of the recent amendments to the CCP was to address these procedural defects. Accordingly, on May 3, 2012 a new art. 6 § 2 CCP comes into force. It stipulates that the parties are obliged to make all statements of fact and present evidence without delay, so that the proceeding can be concluded efficiently and swiftly. This solution is based on German and Austrian procedural ideas (Prozessförderungspflicht). This procedural burden is sanctioned by new art. 207 § 6 CCP. Under this provision court is obliged to ignore (exclude) late allegations and evidence, unless a party shows that their omission from the complaint, answer to complain or further supplementary pleading can be excused due to lack of negligence or the acceptance of late allegations and evidence does not delay the resolution of the case or other extraordinary circumstances justifying their inclusion. Similar rule has been introduced at the main hearing where, however, it is up to the court to decide whether an allegation has been made or evidence presented in a belated manner (art. 217 § 2 CCP). I this article I am focusing on “lack of delay” as an exception to the court’s obligation to exclude late allegations and evidence. I am discussing the scope of the burden to support the orderly, efficient and swift conduct of the litigation by making proper allegations and identifying respective evidence in the pleading. Next, I look into German law to gain a comparative perspective on the new law. Subsequently, I am discussing how a party should make and how, on the other hand, the court should asses a claim of lack of delay in a broader procedural context of judicial case management.

19

Wartość dowodowa oraz możliwość przesłuchania osób starszych, chorych i zaburzonych psychicznie

88%

Jagiełło D.

Themis Polska Nova

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2014

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issue 1(6)

165-174

EN

Examining persons with psychic disturbances is characteristic of particular rules. Different also an attitude should be examining which one should adapt to these specific conditions. Examining should be marked among others cares in the choice of words, with the deliberation, or the lack of the irony. Also showing interest is essential, understandings, and in addition serious treating the interviewed person. Applying no conventional scheme for his accomplishment isn’t possible, whereas this way made statements constitute rightful evidence in a criminal trial.

20

Ustalenie odpowiedzialności w oparciu o dowód z ekspertyzy wariograficznej

88%

Krasoń R., Katedra Teorii i Filozofii Prawa W. P. i. A.

Acta Universitatis Lodziensis. Folia Iuridica

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2015

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vol. 74

EN

The study “Determination of liability based on evidence provided by a polygraph testing expert opinion” addresses a very serious and at the same time controversial problem of evidence (its value) provided by a polygraph testing expert opinion. The author familiarizes the reader with a general background of the issue, presenting a concept and importance of liability as well as the essence and nature of polygraph testing. The text contains a number of arguments both supporting and discrediting the diagnostic value of the polygraph testing and a number of doubts arising in connection with this subject.

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