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Probacja – rozwiązania prawne w niektórych krajach europejskich

100%
Wójcik D.
Archiwum Kryminologii
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2000
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issue XXV
29-79
EN
The article discusses the legal solutions of probation as well as regulations pertaining to organization of probation services and to functions of probation officers in criminal proceedings of adults and juveniles in some European countries. Discussed has been probation in England, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Lithuania, Slovenia, Spain, and Sweden. The introduction focuses on the definition of probation; also, the role of international organizations in promoting probation has been characterized together with the importance of recommendations as to the principles and practice, issued by such organizations, for introduction of probation into criminal justice. Considering the future shape of probation, one might ask to what extent we can use those experiences. We believe that some foreign solutions of probation might be added to the Polish legislation in the course of the Polish probation reform which has been going on for several years now. The following problems should in our opinion be reconsidered and possibly regulated in a manner other than the present one. The major and basic issue is the decision as to probation's position with respect to the criminal justice system. The problem is regulated differently in different countries; decisions as to the Polish solutions should be carefully considered. The Commission for Probation Reform, appointed several years ago, suggested that the probation system remain part of the criminal justice system but acquire the status of an autonomous department, an associate and partner of courts. Related to this is the postulate that the work of probation officers be evaluated as to the merits by a competent superior officer and not by the judge as it is today. Also solved should be the problem of a possible separate regulation of juvenile vs. adult probation (as it is the case in many European countries). In such countries, there is also the trend to remove proceedings in cases of offences from juvenile courts and to deal with them within administrative procedure. As regards the measures applied to juveniles, their execution is more and more often handed over to social services. The system for assisting and educating juveniles who break the legal norms or find it otherwise difficult to become integrated with society thus becomes ever more consistent; the competent services cooperate with one another ever more closely and coordination of their work is improved, which enhances the effectiveness of their efforts. What is important for the proper effects of educational work is cooperation of probation services with local government agencies and local communities. Although the road towards this kind of transformation of probation is difficult in Poland and various obstacles may be encountered, it is nevertheless a worth-while effort to use the experience of other countries and to introduce modern legal solutions that have been tested elsewhere.
2

Status prawny enklawy Büsingen am Hochrhein

86%
Łukańko B.
Studia Prawnicze
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2016
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issue 4 (208)
163-183
EN
The paper provides an analysis of the legal status of the German enclave of Büsingen am Hochrhein lying in the territory of Switzerland. The study presents information relating to both the situation and history of the enclave, but primarily it examines the status of the enclave created as a result of the 1964 Treaty signed between the Federal Republic of Germany and the Swiss Confederacy on incorporating the town of Büsingen am Hochrhein into the Swiss customs territory. The enclave in question is an extremely interesting example of a territory which politically belongs to one country, but whose economic relations, including its customs territory, tie it with another country. Article 2 of the above mentioned Treaty includes a long list of matters – beyond the customs law itself – which are regulated in Büsingen am Hochrhein in accordance with the Swiss law – the same law which is applicable in the Schaffhausen canton (Article 2 paragraph 2 of the Treaty). These are numerous matters that have been precisely enumerated, including agricultural law, healthcare, civil defence, tax law, trade of non-ferrous and noble metals, and the production of watches. In addition, the Treaty comprises provisions concerning the applicability of Swiss law with respect to liability for selected criminal offences (Article 14, 24, and 25). The powers of law enforcement authorities and the judiciary have also been extensively regulated (Article 15 ). The comprehensive treaty-based regulation of Büsingen am Hochrhein shows that it is possible to enact a relevant law governing the status of an enclave, including even such sensitive matters as criminal law and criminal procedure.
3

List żelazny na tle prawnoporównawczym

86%
Drajewicz D.
Studia Prawnicze
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2015
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issue 2 (202)
37-64
EN
The author presents a historical outline of the safe conduct and analyses regulations concerning the safe conduct in the German speaking provisions, particular in the Austrian Code of Criminal Procedure of 1873, the German Code of Criminal Procedure of 1877, the Liechtenstein Code of Criminal Procedure of 1988, the Swiss German Code of Criminal Procedure of 2007, and international agreements. The author explains also the subject of the safe conduct protection, scope of its protection, and an agency offering such a protection. This article shows differences between legal solutions provided for in these provisions and in the Polish Code of Criminal Procedure of 1997. The author focuses also on the advantages of foreign solutions versus Polish safe-conduct regulations and analysis of the proposals of legislative amendments, presenting de lege ferenda postulates.
4
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Mechanizm odwoływania członka Izby Gmin w ustroju konstytucyjnym Zjednoczonego Królestwa

72%
Pastuszko G.
Studia Prawnicze
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2015
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issue 4 (204)
123-140
EN
The article deals with a new legal institution recall of member of parliament that was established in 2015 in the UK. The aim of this institution is to give voters of a constituency a right to force a by-election, if they are unhappy with their MP. They can use it, however, only if certain conditions are fulfilled. According to the bill it becomes possible to initiate the recall procedure when a member of parliament: 1) is convicted by a UK court of an offence and receives a custodial sentence not more than 12 months, 2) is suspended by the House of Commons for more than 10 sitting days or more than 14 calendar days, 3) is convicted of an offence described in Parliamentary Standards Act 2009. These three restrictive provisions indicate that the recall procedure was not drafted as a mechanism of political accountability of deputies. The real intention of lawmaker was, as may be assumed, protection of ethical standards in the parliamentary life of the UK. As a matter of fact, with recall procedure voters can get rid of a member of parliament who broke some ethic elementary rules while holding his/her mandate. Analyzing the content of the new regulations and their ratio legis, the author tries to answer a question what role the new institution can play in functioning the constitutional system of the UK and following in its political life as well. His general conclusion is that even though we consider the new rules as a kind of revolutionary move in legal dimension (like for example the adjustment of the parliamentary mandate characteristics), we cannot expect any revolution in practice.
5
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Orzeczenia zbieżne (concurrent sentences) i orzeczenia konsekutywne (consecutive sentences) w angielskim prawie karnym

58%
Błachnio-Parzych A.
Studia Prawnicze
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2016
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issue 2 (206)
157-170
EN
The purpose of this article is to analyze the institution of the concurrent and the consecutive sentences in the English criminal law. The differences between them are based on the way they are executed and on the premises which courts take into consideration. Generally, the concurrent sentences are imposed for offences which arose out of a single act and therefore the terms of imprisonment shall run at the same time (concurrently). However, a deeper analysis of the literature and the case law of the English courts leads to the conclusion that the differences between them are not so important, because the main role plays the totality principle. It changes the way the institution of the concurrent and the consecutive sentences shall be perceived.
6
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Legalność amerykańskich ataków lotniczych na ISIS w Iraku i Syrii jako reakcja na zagrożenie dla bezpieczeństwa międzynarodowego

58%
Szpak A.
Studia Prawnicze
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2015
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issue 1 (201)
35-56
EN
The aim of the articleis to present the threatcaused by a terroristorganization– IslamicState of Iraq and Syria to internationalsecurity and to Americaninterests and nationals in particular as well as American airstrikes as a specialkind of reaction to thisasymmetricaldanger. The keyissueis the legalityof US actions on the territory of Iraq and Syria. Iraq’scaseis not as controversialas Syria’sbecauseIraqconsented to American airstrikes and isclearlycooperatingon the ground. The moreproblematicis, however, the case of Syria. IsthisStatewilling and able to cooperate and react to the ISIS threat? Can the USAignoreanoffer of cooperationwhen one ismade? Whatifthereis no consenton the part of the Syriangovernment? The authorattempts to answerallthesequestionsusinginternationallegalrules on the right to self-defence, includingpreventive and collectiveself-defence as well as American test of a State (hereSyria) being “unwillingorunable” to react as a precondition to useforceevenwithout the consent of such a State.
7
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Przesłanki oraz tryb pozbawienia właściciela prawa do lokalu w prawie polskim i niemieckim

41%
Sikorska-Lewandowska A.
Studia Prawnicze
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2014
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issue 2 (198)
7-39
EN
In Polish and also in German law a housing community is entitled to sue the owner of premises and demand their sale by public auction. In both legal systems a resolution must be taken by a housing community and then the case must be referred to court. Grounds for an action, in accordance with Polish law, are as follows: long-term default by the owner on the payment of charges due, flagrant or persistent offence against the applicable order of house rules, inappropriate behaviour that makes the use of other premises or the common property burdensome. Under German law, grounds for a claim may be breach of the obligations incumbent on an owner to other owners of premises in such a blatant way that one cannot expect them to continue to maintain community with him. In both legal regimes, that legal remedy is of a unique and final nature and, therefore, is used when other solutions have produced no effect.
8
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Prawo do poznania matki biologicznej według krajowego prawa rodzinnego

41%
Krekora-Zając D.
Studia Prawnicze
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2014
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issue 1 (197)
129-154
EN
The subject of this article is an analysis whether on the grounds of Polish Code on Family and Guardianship it is possible to determine the one's right to recognize his/her mother. Introduction to the Polish Code on Family and Guardianship a legal definition of mother and claims for establish or denial of one's motherhood was legislator's attempt to regulate the civil status of child. Development of the in vitro treatment may lead to situation where one women would be donor of a germ cells while other women would bear a child. The article therefore provides an analysis of legal consequences of this amendment to the code in respect to legal regulation on motherhood. In particularly the issues of admissibility of claims for recognize one's genetic and biological mother as well as evidence limitation in this kind of cases would be addressed in the article.
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