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O ujęciu przepadku składników i praw majątkowych przedsiębiorstwa w projektowanym art. 44a § 1 kodeksu karnego

100%

Pohl Ł.

tom 43

477-481

The article presents my analysis of Polish planned law concerning the confiscation of enterprise’s property. The analysis leads to the conclusion that the regulations are unconstitutional, because they do not respect the constitutional principle that criminal liability is bound to commiting offence.

Znaczenie interwencji w prawie karnym skarbowym

100%

Nych E.

tom 31

147 - 166

The article includes an assessment of the legal regulation of the Fiscal Penal Code concerning the institution of intervention. The intervention is aspecific institution that protects the right to property in fiscal penal law, because on its basis the owner can recover their items, obtained by another person by means of, for example, the offense of smuggling. The person laying aclaim is aparty to the proceedings. The author analyses the most important problems and in the summary of the article he presents the conclusions. The paper shows that the institution of intervention constitutes a reasonable forfeiture limit in the Fiscal Penal Code.

Charakter prawny instytucji przepadku po zmianach nowelizacyjnych wprowadzonych do Kodeksu karnego ustawą z dnia 20 lutego 2015 r.

88%

Płońska A.

tom 37

91-101

The article is devoted to the analysis of a structural change made to the regulations of the Criminal Code under the Amendment Act dated 20th February 2015, which is based on the exclusion of forfeiture from the catalog of penal measures, which gave it a distinct legal characterThe legislature repealed Article 44 § 8 CC relating to the transition of the ownership of forfeiture objects to the State Treasury, amended Article 45 § 3 CC, repealing § 4 and § 6 and added Article 45a CC. In light of these changes, the author explains the basic concepts and discusses the current conditions of forfeiture.

Remarks against selected solutions implemented by the amendment to the Penal Code of 20 February 2015

75%

Muszyńska A.

tom 42

65-75

The author presents questions related to the change of legal regulations concerning the selected criminal and security measures. She emphasizes inconsistencies relating to changes in the scope of the obligation to compensate damages, exemplary, forfeiture, protective measures, including addiction treatment. The author welcomes the changes resulting from the amendment of 20th February 2015, but considering the possibility of further changes that lead to more rational normative solutions.

Przepadek w znowelizowanym kodeksie karnym

63%

Błaszczyk M.

tom 65

93-108

Under the Act of 20 February 2015 – changing the Penal Code and some other acts, from 1 July 2015 the forfeiture has been removed from the catalogue of penalties – the art. 39 point 4 of the Penal Code was repealed – and also from the catalogue of security measures of an administrative nature – the wording of the art. 99 § 1 of the Penal Code has been changed, the art. 100 of the Penal Code has been repealed and its content has been transferred to the art. 49a of the Penal Code. Currently, the forfeiture is fully regulated in chapter Va of the Penal Code, entitled „Forfeiture and compensatory measures”. Changing the normative status of the forfeiture is not understood. I consider it as a mistake. This change was not associated with changes of the normative status of forfeiture in the Fiscal Penal Code and Code of Offences. Besides the changes concerning the status of the forfeiture which has obviously system nature under the amendment came to repeal the provisions of articles 44 § 8, 45 § 6 and art. 45 § 4 of the Penal Code. These were changes of organizational character. They were accompanied by changes in the provisions of the Executive Penal Code and Code of Criminal Procedure, which took over the content of the repealed provisions of the Penal Code. The wording of the art. 45 § 3 of the Penal Code regulating one of the legal presumptions relating to the forfeiture of financial benefits has been changed. This has increased the warranty standard of that provision.