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Uwagi na temat charakteru prawnego dyrektywy wymiaru kary za ciąg przestępstw. Część II

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Kokot R.
Nowa kodyfikacja prawa karnego
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2017
|
vol. 46
13-28
EN
The article considers the problem of punishment for the series of crimes. It raises the legal character of the rule of tightening the criminal responsibility as a consequence of committing crimes remaining in a confl uence of events connected with the buckle of continuity. The main doubt accompanying such evaluation is connected with the answer to the question if the legal eff ects within the scope of punishment resulting from the art. 91 § 1 of the Penal Code express ordinary or extraordinary punishment. The dispute about the legal nature of the consequences resulting from that regulation has not only the theoretical-legal dimension. Accepting one of those options causes far-reaching legal consequences within the sphere of the law practice application. It decides about the scope of the legal responsibility and determines the relations with other statutory premises that modify its limits. In this context there are also the remarks considering the conditions of accepting the set of principles, resulting from art. 57 of the Penal Code, reforming those limits with the rule of punishment for the series of crimes. The analysis takes up the problem of the punishment for the continuous act defi ned in art. 12 of the Penal Code. We have to take into consideration that this institution derives from the same as the series of crimes structure of the continuous act of crime that was in the Penal Code from 1969, which is the basis of the extraordinary tightening the punishment. Thus there comes the question — whether resigning from modifying the principles of legal responsibility for the continuous act of crime can lead to impression of the dissymmetry of penalty of both structures, and is that the reasonable and rational solution.
2

Uwagi na temat charakteru prawnego dyrektywy wymiaru kary za ciąg przestępstw. Część I

100%
Kokot R.
Nowa kodyfikacja prawa karnego
|
2016
|
vol. 41
33-53
EN
The article considers the problem of punishment for the series of crimes. It raises the legal character of the rule of tightening the criminal responsibility as a consequence of committing crimes remaining in a confluence of events connected with the buckle of continuity. The main doubt accompanying such evaluation is connected with the answer to the question if the legal effects within the scope of punishment resulting from the art. 91 § 1 of the Penal Code express ordinary or extraordinary punishment. The dispute about the legal nature of the consequences resulting from that regulation has not only the theoretical-legal dimension. Accepting one of those options causes far-reaching legal consequences within the sphere of the application of the law practice. It decides about the scope of the legal responsibility and determines the relations with other statutory premises that modify its limits. In this context there are also the remarks considering the conditions of accepting the set of principles, resulting from art. 57 of the Penal Code, reforming those limits with the rule of punishment for the series of crimes. The analysis taken in the elaboration takes up the problem of the punishment for the continuous act defined in art. 12 of the Penal Code. Taking into consideration that this institution derives from the same, as the series of crimes, structure of the continuous act of crime that was in the Penal Code from 1969 the basis of the extraordinary tightening the punishment, there comes the question, whether resigning from modifying the principles of legal responsibility for the continuous act of crime can lead to an impression of the dissymmetry of penalty of both structures is the reasonable and rational solution.
3
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Nadzwyczajność i nowość w ruchu odnowy charyzmatycznej. Co jest darem Ducha Świętego, a co kreacją człowieka?

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Guzowski K.
Studia Teologii Dogmatycznej
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2017
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vol. 3
EN
The Charismatic Renewal movement, in whose wake a number of evangelizing communities of prayer and new religious congregations have appeared, is nowadays identified with what is unusual – with extraordinary forms of devotion and the like phenomena. The author reminds us that 50 years ago, which is exactly when the movement began to unfold, it was perceived as one of the most significant signs of the New Pentecost, or the Holy Spirit’s intensified work in our times. Paul VI and the subsequent popes pointed to the Holy Spirit’s “intensified activity”, deeming Him to be the Reviver of the Church and the Font of the world’s new life. Alas, the mighty presence in question, as well as the Holy Spirit’s intensified activity in the Church, have been overshadowed by, on the one hand, ever-increasing focus on the part of the members of the movement under scrutiny on what in the first place satisfies the needs of people, i.e. healing and unusual phenomena; and, on the other hand, by the excessive scepticism of theologians and pastors, who for the 50 years of the Renewal existence have not equipped the faithful, unable to tell the essence from the unusualness, with their theological reflection. The author pays attention to the fact that the categories of “ordinary” and “extraordinary” with regard to the New Pentecost do not put anything in order, but, subjective as they are, they hinder the theological reflection itself. Thus, he suggests that we focus on the diff erentiation of what is the Holy Spirit’s gift from what is man’s creation. In the article he compares from this point of view two “ordinary” areas of the Holy Spirit’s activity – the baptism in the Holy Spirit and contemplative prayer. By doing so, Guzowski proves that the emphasis on the person of the Holy Spirit and His work of sanctification allows us to tell the essence of the New Pentecost from secondary issues.
4
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Objawienia prywatne w kontekście objawień fatimskich – ich miejsce w teologii

100%
Jaśkiewicz S.
Studia Teologii Dogmatycznej
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2017
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vol. 3
EN
Private revelation is, as we see on the example of “Fatima apparitions”, undoubte dly the most prophetic of modern apparitions, a manifestation of divine truth given to selected people (children) for the universal benefit of the Church and the world. In contrast to public Revelation, private revelation has as its purpose not the revealing of new doctrine, but rather the guiding of humanity in its eff orts to incorporate more fully the truths of the Gospel already contained in public Revelation. The criterion for judging the truth of a private revelation is its orientation to Christ himself. A private revelation can give rise to new forms of piety, or deepen older ones. It can be a valuable aid for better understanding and living the Gospel at a certain time.
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